Tenkis Case and Hidden Share in Inheritance Law: Detailed Analysis
Inheritance law is a field that regulates to whom and how the assets left by the deceased will be distributed. In this complex field, concepts such as retaliation and reserved share are of great importance in terms of protecting rights and ensuring justice. In this blog post, we will give detailed information about the reduction case and the reserved share in the inheritance, and examine the terms and application of the case.
What is a Reserved Share?
According to the Turkish Civil Code, the minimum share allocated by law to certain legal heirs of the testator is called “reserved share”. Heirs with reserved shares have the right to receive a certain part of the inheritance, regardless of the will of the testator. This right is protected by the law’s family and inheritance law.
Who is a Reserved Shareholder?
• Children: All children, whether married or out of wedlock, alive or dead, have reserved shares.
• Grandchildren: Grandchildren whose parents have died also have the right to reserved shares.
• Spouse: Under certain conditions, the spouse may also have a reserved share.
Reserved Share Rates:
• For children: The reserved share rate for each child is 1/2.
• For grandchildren: The reserved share ratio for each grandchild is 1/4. Two grandchildren whose parents are deceased have the same share as one child.
• For the spouse: The spouse’s reserved share rate varies depending on the duration of the marriage and the asset regime.
What is Tenkis Case?
If the testator makes dispositions that violate the reserved shares of his heirs with reserved shares, these heirs can defend their rights by filing a lawsuit for retaliation. Tenkis lawsuit is filed for the purpose of canceling the part of the death-related dispositions made by the testator (will, gratuitous donation, etc.) exceeding the reserved shares and protecting the reserved shares.
Opening a Tenkis Case
