Action for Abatement

The action belongs to heirs who have a reserved portion under the Turkish Civil Code and whose portion has been infringed by the deceased's dispositions. It is subject to two time bars of one and ten years, which are forfeiture periods applied strictly by the courts. The starting point can depend on when the heir learned of the disposition, when the estate was opened or other legally relevant events, so the dates must be established precisely.

Both dispositions mortis causa, meaning those made by will to take effect on death, and certain inter vivos transfers made during the deceased's lifetime can be reduced where they encroach on a reserved portion; the Turkish Civil Code identifies which lifetime transfers are subject to abatement in the same way as testamentary dispositions. The reduction goes only as far as needed to restore the reserved portion; the disposition is not annulled as a whole. Evidence of asset values, family relationships and the dates and nature of the transfers is therefore central.

No. A validity challenge argues that the will should have no legal effect at all, for reasons such as lack of capacity, formal invalidity, undue influence or forgery, and the challenger must prove the defect with evidence such as medical records, witness statements, handwriting examination or notarial records. An abatement action accepts that the disposition is valid but seeks to cut it back because it infringes a reserved portion. The two claims have different grounds, evidence and deadlines, so the exact legal complaint should be identified before filing; moral unfairness alone is not a ground for either.

It can. Where the asset is located in Türkiye but the will was made abroad, both document-form and applicable-law questions arise; Law No. 5718 on private international law may determine which law governs the succession, and Turkish reserved-portion rules apply where that analysis points to them. Even before any substantive review, a foreign will or probate file must be authenticated, apostilled or legalised and translated, since defects in those steps can prevent the court from examining the claim. Land registry offices and banks generally wait for legally usable documents or a court decision where the estate is disputed.