There is no single way under Turkish law to exclude a person from an inheritance; there are three distinct institutions that tend to be confused with one another. Disinheritance operates through the deceased’s own intention, whereas unworthiness to inherit applies directly by operation of law; neither depends on the heir’s consent. The third, renunciation of inheritance, is a contract to which the heir is a party, and is the subject of the contract of renunciation of inheritance page.
This page deals with the first two. The colloquial expressions “disowning one’s child” or “excluding from the inheritance” are not the name of any of them.
The order of succession and the reserved share rates are explained on the Inheritance Law page.
Is there a legal action for “disownment” or “exclusion from the inheritance”?
No. The Turkish Civil Code contains no action or procedure called “action for disownment” or “exclusion from the inheritance”. A mother or father cannot terminate their child’s parentage by their own intention.
Three different things are meant by these terms, and all three are distinct:
- Disinheritance excludes the child not from parentage but only from the inheritance; it can be effected only by a disposition mortis causa and can be based only on the grounds set out in the law (Turkish Civil Code art. 510, art. 513).
- Unworthiness to inherit is the consequence the law applies automatically in four serious cases; it does not depend on any act of the deceased (Turkish Civil Code art. 578).
- Removal of the adoptive relationship may be sought only in respect of adopted children, and the right of action is not granted to the adopter. Where consent was not obtained without a statutory ground, annulment may be sought by the persons whose consent was required; this route cannot be taken where the minor’s interests would thereby be seriously harmed (Turkish Civil Code art. 317). In other substantive defects, the public prosecutor or any interested party may seek annulment (Turkish Civil Code art. 318). The right of action lapses on the expiry of one year from knowledge of the ground; the phrase formerly in the article, “in any event five years from the adoption”, was annulled by a decision of the Constitutional Court (Turkish Civil Code art. 319).
Adoption itself already creates heirship: the rights and obligations of the parents pass to the adopter, and the adopted child becomes the adopter’s heir (Turkish Civil Code art. 314).
An action for denial of paternity (Turkish Civil Code art. 286) is also outside this context: that action concerns rebutting the presumption of paternity, not excluding a child from an inheritance.
How is disinheritance carried out? Form and grounds
Disinheritance requires three elements to be present together: an heir with a reserved share, a ground listed in the law, and a disposition mortis causa that expressly states the ground. The disposition may be a will or an inheritance contract; a will is made in official form or in handwriting (Turkish Civil Code art. 531). Although an oral will appears to be a third form, in practice it is not a route: it may be used only in extraordinary circumstances such as imminent danger of death, interruption of transport, illness or war (Turkish Civil Code art. 539), and it ceases to have effect one month after the possibility of making a will in another form arises (Turkish Civil Code art. 541).
The choice between a will and an inheritance contract also determines the possibility of later revocation — the details are in the comparison table below.
The law sets out two grounds:
- if the heir has committed a serious offence against the deceased or against one of the deceased’s close relatives,
- if the heir has substantially failed to perform the obligations arising from family law towards the deceased or towards members of the deceased’s family (Turkish Civil Code art. 510).
Three limits operate at once. Disinheritance may be effected only against an heir with a reserved share. It may be effected only by a disposition mortis causa. And the list of grounds is closed: a ground not listed in the law is not a ground for disinheritance, however justified it may appear.
One detail is decisive here: the reserved share of siblings was abolished in 2007 (Turkish Civil Code subparagraph 3 of art. 506, repealed by Law no. 5650 of 4/5/2007). There is no need for disinheritance to exclude an heir who has no reserved share; the deceased may exclude such a person within the freedom of disposition.
Disinheritance on the ground of insolvency
The law regulates a further, narrow case. The deceased may disinherit a descendant in respect of whom a certificate of insolvency exists, but only as to half of that descendant’s reserved share, and on condition that the deceased reserves this half for the disinherited person’s existing and future children (Turkish Civil Code art. 513).
This disinheritance is not permanent either: if, at the time the inheritance opens, the certificate of insolvency no longer has effect, or if the amount of debt covered by the certificate does not exceed half of the disinherited person’s inheritance share, the disinheritance is annulled at the disinherited person’s request.
Effects of disinheritance and burden of proof
Effects. A person who has been disinherited cannot take a share of the inheritance and cannot bring an action in abatement. Unless the deceased has disposed otherwise, the disinherited person’s inheritance share passes, as if that person had predeceased the deceased, to their descendants, or failing them, to the deceased’s legal heirs. The disinherited person’s descendants may claim their reserved share as if that person had predeceased the deceased (Turkish Civil Code art. 511).
In other words, disinheritance as a rule excludes the person, not their line.
Burden of proof. A disinheritance is valid only if the deceased has stated the ground for disinheritance in the disposition concerned. If the disinherited person objects, proof of the existence of the stated ground falls on the heir or legatee who benefits from the disinheritance. If the existence of the ground cannot be proved, or the ground for disinheritance is not stated in the disposition, the disposition is carried out apart from the heir’s reserved share; however, if the deceased made the disposition owing to an evident mistake as to the ground for disinheritance, the disinheritance is invalid (Turkish Civil Code art. 512).
The distinction here matters: if the ground cannot be proved, what survives is the disposition, but the heir’s reserved share remains untouched.
How can a disinheritance be challenged?
The law provides two separate routes, and both are subject to time limits.
Annulment of the disposition mortis causa. An action for annulment may be brought where the disposition was made at a time when the deceased lacked testamentary capacity; where it was made as a result of mistake, deception, intimidation or duress; where its content, the conditions or charges attached to it are contrary to law or morality; or where it was made without complying with the forms prescribed by law (Turkish Civil Code art. 557). The right of action lapses one year from the date on which the claimant learned of the disposition, the ground for annulment and their own entitlement, and in any event ten years from the date of opening in the case of wills and from the date of the passing of the inheritance in the case of other dispositions as against defendants in good faith, and twenty years as against defendants not in good faith; invalidity may be raised at any time by way of defence (Turkish Civil Code art. 559).
Abatement. Heirs who do not receive the equivalent of their reserved shares may bring an action in abatement against the deceased’s dispositions exceeding the portion over which the deceased could dispose (Turkish Civil Code art. 560). This right lapses one year from the date on which the impairment of the reserved share is learned, and in any event ten years from the date of opening in the case of wills and from the date on which the inheritance opens in the case of other dispositions; a claim for abatement may be raised at any time by way of defence (Turkish Civil Code art. 571). How the calculation is carried out step by step is explained on the how is the reserved share calculated page.
Failure to object also has a consequence: where the disinherited person does not object to the disposition of disinheritance, the bankruptcy administration or creditors holding a certificate of insolvency may bring an action in abatement on the same conditions (Turkish Civil Code art. 562). The same conditions are: that no action has been brought despite the creditors’ warning, that the action is brought to the extent necessary to obtain the debt, and that it is brought within the period granted to the heir.
Jurisdiction and venue. As there is no provision to the contrary, these actions are heard by the Civil Court of First Instance (Turkish Code of Civil Procedure art. 2), and the court of the deceased’s last domicile has exclusive jurisdiction (Turkish Code of Civil Procedure art. 11/1-a; Turkish Civil Code art. 576). Exclusive jurisdiction is introduced only by the first paragraph of the article; in actions for the annulment of a certificate of inheritance, the court of the place where each of the heirs resides also has jurisdiction (Turkish Code of Civil Procedure art. 11/3). By contrast, disclaimer of inheritance proceeds by application to the Civil Court of Peace (Turkish Civil Code art. 609), and a certificate of inheritance by application to the Civil Court of Peace or to a notary public (Turkish Civil Code art. 598).
Unworthiness to inherit: a case the law applies automatically
This institution does not depend at all on the deceased’s intention. The following persons cannot be heirs and cannot acquire any right by a disposition mortis causa:
- those who intentionally and unlawfully kill or attempt to kill the deceased,
- those who intentionally and unlawfully bring the deceased permanently into a state of being unable to make a disposition mortis causa,
- those who, by deception, duress or intimidation, cause the deceased to make or revoke a disposition mortis causa, or prevent the deceased from doing so,
- those who intentionally and unlawfully remove or destroy a disposition mortis causa at a time and in circumstances in which the deceased can no longer make it again.
Unworthiness to inherit is extinguished by the deceased’s forgiveness (Turkish Civil Code art. 578). And unworthiness affects only the unworthy person: the unworthy person’s descendants become heirs as if they were the descendants of a person who predeceased the deceased (Turkish Civil Code art. 579).
The difference between disinheritance and unworthiness
Both produce consequences without the heir’s consent, but they operate differently. The position of the descendants is protected in both, in different ways: in unworthiness the descendants become heirs directly (Turkish Civil Code art. 579). In disinheritance, unless the deceased has disposed otherwise, the disinherited person’s share passes as it stands to their descendants; if the deceased has disposed otherwise, the floor left to the descendants is their reserved share (Turkish Civil Code art. 511).
| Disinheritance | Unworthiness to inherit | |
|---|---|---|
| How it arises | The deceased’s disposition mortis causa | Automatically by operation of law |
| Whose intention | The deceased | No one’s |
| Against whom | Only an heir with a reserved share | Any person capable of being an heir; also bars acquisition of rights by a disposition mortis causa |
| Ground | The two grounds listed in the law, plus the case of a certificate of insolvency | The four cases listed in the law |
| Form | A will or an inheritance contract | Form is not in issue |
| Statement of the ground | Mandatory in the disposition; if not stated, the reserved share is protected | Not in issue |
| Effect on descendants | Unless otherwise provided, the share passes to the descendants; otherwise the descendants may claim their reserved share (art. 511) | The descendants become heirs (art. 579) |
| How it is removed | If made by will, the deceased may revoke it at any time (art. 542–543); if made by inheritance contract, it is removed only by written agreement of the parties (art. 546) | By the deceased’s forgiveness (art. 578) |
| Source | Turkish Civil Code art. 510–513 | Turkish Civil Code art. 578–579 |
And renunciation? Neither disinheritance nor unworthiness depends on the heir’s consent. The third route, renunciation of inheritance, is the opposite: the heir is a party, it is made while the deceased is alive and no ground need be given (Turkish Civil Code art. 528). Its form, how it is established between siblings and its effect on descendants are dealt with on the contract of renunciation of inheritance page.
What can be done if there is no ground for disinheriting an heir with a reserved share?
If neither of the two grounds listed in the law exists but the deceased nevertheless wishes to change the distribution, the route of disinheritance is closed — other routes are not. Three questions resolve the matter in turn.
First: does that heir have a reserved share? A reserved share is granted only to descendants, to parents and to the surviving spouse (Turkish Civil Code art. 506). The reserved share of siblings was abolished in 2007. There is no need for disinheritance to exclude an heir who has no reserved share — but doing nothing is not enough either: if no disposition mortis causa is made, that person takes their share of the inheritance as a legal heir. So this route also requires a will or an inheritance contract.
Second: how much is the disposable portion? A deceased leaving descendants, parents or a spouse as heirs may dispose mortis causa over the part of the estate remaining after the reserved shares; if none of these heirs exists, the deceased may dispose over the whole of the estate (Turkish Civil Code art. 505). In other words, the reserved share is protected, the remainder is free and may be directed to the person desired.
Third: can the heir’s own consent be obtained? If it can, the route changes: by a contract of renunciation of inheritance concluded between the deceased and the heir, the heir loses the status of heir, and no ground need be given for this (Turkish Civil Code art. 528). Its form, however, is strict: the contract must be drawn up in the form of an official will, that is, the parties must declare their wishes to the official officer at the same time and sign the contract in the presence of the officer and two witnesses (Turkish Civil Code art. 545).
Transfers made during the deceased’s lifetime are a separate matter. The deceased’s inter vivos gifts do not in every case remain within the freedom of disposition: gifts made to a legal heir who has lost the status of heir in satisfaction of their inheritance share, gifts made for the purpose of settling inheritance rights before death, and gifts which are clearly made for the purpose of rendering the reserved share rules ineffective are subject to abatement just like dispositions mortis causa (Turkish Civil Code art. 565).
The consequence of drafting a disinheritance without a ground is clear: if the ground is not stated in the disposition, or is stated but cannot be proved, the disposition is carried out apart from the heir’s reserved share (Turkish Civil Code art. 512). It should also be added that the reserved share is not protected automatically — the heir must bring an action in abatement or raise a claim for abatement by way of defence (Turkish Civil Code art. 560, art. 571).
Frequently asked questions
Can I exclude my child from the inheritance entirely?
Only if one of the grounds listed in the law exists and you state that ground in a disposition mortis causa (Turkish Civil Code art. 510, art. 512). If the ground is not stated, the disposition is carried out apart from the heir’s reserved share. Moreover, unless you dispose otherwise, the inheritance share passes to the disinherited person’s descendants (Turkish Civil Code art. 511).
Is there such a thing as an action for disinheritance?
No. Disinheritance is not an action but a disposition mortis causa made by the deceased during their lifetime. A dispute is brought before a court only after death, and the route available to the disinherited person is not abatement: a disinherited person cannot bring an action in abatement (Turkish Civil Code art. 511). The disinherited person objects to the disinheritance; then proof of the existence of the ground falls on the beneficiary of the disinheritance, and if the ground cannot be proved the disposition is carried out apart from the reserved share (Turkish Civil Code art. 512). Where the conditions are met, annulment of the disposition mortis causa may also be sought (Turkish Civil Code art. 557).
What must be written in a will of disinheritance?
No sample text is given on this page. As to content, what is decisive is this: the disinheritance is valid only if the ground for disinheritance is stated in the disposition (Turkish Civil Code art. 512). Form is also important separately — failure to comply with the forms prescribed by law is in itself a ground for annulment (Turkish Civil Code art. 557).
What can a person who has been disinherited do?
A disinherited person cannot bring an action in abatement (Turkish Civil Code art. 511), but may object to the disinheritance; in that case proof of the existence of the ground falls on the party benefiting from the disinheritance (Turkish Civil Code art. 512). Where the conditions are met, annulment of the disposition mortis causa may also be sought (Turkish Civil Code art. 557, art. 559).
My father says he has disinherited me, what should I do?
A verbal statement alone does not produce the effect of disinheritance; disinheritance can be effected only by a disposition mortis causa and with the ground stated (Turkish Civil Code art. 510, art. 512). After the inheritance opens, who the heirs are is documented by a certificate of inheritance.
Are the children of a person who killed the deceased also excluded from the inheritance?
No. Unworthiness affects only the unworthy person; the unworthy person’s children become heirs as if their father or mother had predeceased the deceased (Turkish Civil Code art. 579). Unworthiness is personal and does not pass to the line.
Legislation relied on
Turkish Civil Code no. 4721 — art. 286 (denial of paternity), art. 314 (effects of adoption), art. 317–319 (annulment of the adoptive relationship), art. 505 (disposable portion), art. 506 (reserved share), art. 510 (grounds for disinheritance), art. 511 (its effects), art. 512 (burden of proof), art. 513 (disinheritance on the ground of insolvency), art. 528 (renunciation of inheritance), art. 531 (forms of will), art. 539 and art. 541 (oral will and its loss of effect), art. 542–543 (revocation of a will), art. 545 (form of the inheritance contract), art. 546 (removal of the inheritance contract), art. 557 (grounds for annulment), art. 559 (time limits in annulment), art. 560 (abatement), art. 562 (creditors’ action in abatement), art. 565 (gratuitous gifts subject to abatement), art. 571 (time limits in abatement), art. 576 (competent court), art. 578–579 (unworthiness to inherit), art. 598 (certificate of inheritance), art. 609 (authority for disclaimer of inheritance) — mevzuat.gov.tr
Turkish Code of Civil Procedure no. 6100 — art. 2 (jurisdiction by subject matter), art. 11 (exclusive jurisdiction in inheritance actions) — mevzuat.gov.tr
Related pages
- Inheritance Law — parent page
- How and where is a contract of renunciation of inheritance made?
- How is the reserved share calculated?
- How is a disclaimer of inheritance made?
- How is a certificate of inheritance obtained?
- My mother died and my father remarried: what happens to the inheritance?
This article is intended for general legal information only and does not constitute legal advice. As the circumstances of each case differ, you are advised to obtain legal support from your attorney at law for your specific situation.