Inheritance Disinheritance
Reserved share is a concept that restricts the right of the heir to dispose of the inheritance upon death and ensures that the heirs receive a share of the inheritance in certain proportions in any case. The spouse, children and parents of the heir are the holders of the reserved share. The heir may dispose of the part of the inheritance other than the reserved share as he/she wishes.
According to the Law, it is possible to disinherit the heir with reserved share in limited cases, and these cases are as follows;
– The heir does not fulfil his/her obligations arising from family law to the “heir” or the family members of the “heir” to a significant extent: In the decisions of the Court of Cassation, excessive indifference of the heir, not opening the door, hanging up the phone, not observing the honour and dignity of the “heir”, abusing the powers of attorney, selling or using drugs, unnecessary medical observation of the “heir” are considered as grounds for exclusion.
– The heir commits a serious offence against the “heir” or one of the relatives of the “heir”: The heir does not necessarily have to be punished. However, the offence must occur in the sense of criminal law.
The person disinherited cannot receive a share of the inheritance and cannot file a lawsuit for equalisation. Unless the “heir” has acted otherwise, the share of inheritance of the person excluded from inheritance shall remain to the heirs of the person excluded from inheritance, if any, or to the legal heirs of the “heir”, if not, as if that person died before the “heir”.
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