Disposition in Inheritance

Disposition in Inheritance can be complex and sometimes contentious. One of the most challenging aspects is understanding the legal framework around the disposition in inheritance. This comprehensive guide will explore the ins and outs of this crucial aspect of inheritance law, including the inheritance case, the annulment of disinheritance, the equalization lawsuit, and much more.

Understanding Disposition in Inheritance

Disposition in inheritance refers to the distribution or allocation of a deceased person’s estate among their heirs. The deceased, known as the “testator,” can determine this allocation through a will. However, the testator’s freedom to dispose of their estate is not absolute and is subject to certain restrictions under inheritance law. These restrictions ensure that certain heirs, known as “reservists,” receive a minimum portion of the estate, known as the “reserved share” or “saklı pay” in Turkish law.

Saklı Pay: The Reserved Share

Reservists are the testator’s descendants, parents, and spouse. They are entitled to a reserved share of the estate, which the testator cannot dispose of. The size of this reserved share depends on the relationship of the reservist to the testator:

• Descendants are entitled to half of their legal inheritance share.
• Each of the testator’s parents is entitled to a quarter of their legal inheritance share.
• The surviving spouse is entitled to all of their legal inheritance share if they inherit alongside descendants or the testator’s parents, or three-quarters otherwise.

Tenkis Case: A Remedy for the Heirs

If a testator disposes of more than their disposable portion of the estate, thereby violating the reservists’ rights, the reservists can file a “tenkis” case. The purpose of this lawsuit is to reduce the disposals that exceed the disposable portion down to the legal limit, thereby protecting the reservists’ rights.

This lawsuit can only be filed after the testator’s death, and only by the reservists or their creditors. The lawsuit must be filed within one year of learning about the violation of the reserved share. However, for dispositions based on a will, the deadline is ten years from the opening of the will.

Who Can File a Tenkis Case?

In principle, a tenkis case can be filed by any reservist whose reserved share has been violated. However, the court’s ruling in the tenkis case only applies to the plaintiff reservist and does not affect other reservists. Therefore, each reservist must file their own tenkis case if their reserved share has been violated.

Calculating the Estate

A crucial factor in a tenkis case is the calculation of the estate. This process involves determining the assets and liabilities of the estate, which are then used to calculate the “net estate.” The net estate is the basis for determining the disposable portion, the reserved shares, and whether the testator’s disposals have exceeded the disposable portion.

Assets include the testator’s property, money, and receivables, while liabilities include the testator’s debts, funeral expenses, and the costs of sealing and cataloging the estate. The net estate is calculated by subtracting the liabilities from the assets.

Annulment of Disinheritance

In some cases, a testator may try to disinherit a reservist by making a will that excludes them. However, this is not legally valid, as it violates the reservist’s right to their reserved share. The reservist can file a lawsuit to annul the disinheritance, thereby re-establishing their right to their reserved share.

Against Whom is the Lawsuit for Annulment of Disinheritance Filed?

The lawsuit for annulment of disinheritance is filed against the person who would benefit from the disinheritance. This is usually the person who has been named as the heir in the will in place of the disinherited reservist. If the annulment is successful, the will is invalidated, and the estate is distributed according to the legal rules of inheritance.

Equalization Lawsuit

An equalization lawsuit is another remedy available to reservists whose reserved share has been violated. This lawsuit aims to equalize the distribution of the estate among the heirs, ensuring that each receives their fair share. Like a tenkis case, an equalization lawsuit can only be filed after the testator’s death.

Hidden Donations and Their Impact on Inheritance

Another factor that can affect the distribution of an estate is “hidden donations.” These are gifts that the testator made during their lifetime but did not disclose to the other heirs. If a hidden donation is discovered after the testator’s death, it can be included in the estate for the purpose of calculating the reserved shares and the disposable portion. Hidden donations can also be the subject of a tenkis case if they result in a violation of the reserved shares.

Life Insurance in Inheritance

Life insurance can also play a role in the disposition of inheritance. If a testator has taken out a life insurance policy and named a third party as the beneficiary, the insurance payout can form part of the estate. If the insurance payout exceeds the disposable portion of the estate, it can be subject to a tenkis case. However, this only applies if the insurance premiums were paid by the testator.

In conclusion, disposition in inheritance involves complex legal rules and procedures. Anyone involved in an inheritance case, whether as a testator or a reservist, should seek legal advice to ensure their rights are protected.