Donations and transfers made by the testator during their lifetime are generally valid. However, if these dispositions violate the reserved shares of heirs entitled to a reserved share (descendants, parents, spouse), part of the donation can be recovered through a reduction lawsuit to be filed by the heirs. This subject is regulated under Articles 560-571 of the Turkish Civil Code.
Collusion (Concealment of Inheritance) with Donation
Sales that appear to be sales but are actually donations, made by the testator to exclude some heirs in order to protect others, are considered collusion (concealed donation). According to the established case law of the Supreme Court 1st Civil Chamber, if there is no real sales intention between the seller and the buyer, if the sales price has not been paid or is well below the comparable value, the transaction is deemed invalid.
Conditions for Reduction Lawsuit
- The donation must have impaired the reserved share
- The testator must have died
- The lawsuit must be filed by the heir with a reserved share
- The 1-year discovery and 10-year general statute of limitations must not have expired
Which Donations Are Subject to Reduction?
The following donations made before the testator's death are subject to reduction: donations made within the last year before death in any case, earlier ones if it is proven that they were made to impair the reserved share. Customary gifts, wedding gifts and education expenses are not within the scope of reduction.
Burden of Proof
The heir claiming collusion is obliged to prove that the sale is not real. Collusion can be proven by witness statements, bank records, property value determination, and evidence showing the relationship with the spouse/relative.
As Elazığ Law Office
In reduction and inheritor collusion cases, we provide our clients with full representation including: legal counsel, preparation of lawsuit petition, evidence gathering, value determination through expert reports, negotiation and settlement processes.