In inheritance law, the reserved share is a certain proportion of the legal inheritance share, which is protected against certain dispositions of the heir that infringe the inheritance right. The heir (muris) cannot save on these proportions. The inheritance right of the heir with a reserved share on the reserved share cannot be eliminated in any way.
Accordingly, reserved shares;
Right to Reserve Share in Descendants and Inheritance: Half (1/2) of the legal inheritance share for the heir’s heirs is considered as a reserved share.
Mother-Father and Inheritance Reserved Share Rights: For each of the mother and father, one fourth (1/4) of the legal inheritance share is considered as a reserved share.
Reserved Share for the Surviving Spouse: For the surviving spouse, if he/she is an heir together with his/her descendants (1st Class) or together with his/her parents (2nd Class), the entire legal inheritance share; in other cases, if he/she is an heir alone or together with the 3rd Class, three quarters (3/4) of the legal inheritance share is accepted as a reserved share.
However, in the determination of inheritance shares and reserved shares in deaths occurring before 1.1.2002, the division and reserved shares are calculated according to the old system. In the system before this date, these rates are different. In addition, for the siblings who were counted as heirs with reserved shares until 10.05.2007, their reserved shares will be taken into consideration in the cases filed in case of deaths occurring before this date. If the death occurred after 10.05.2007, the reserved shares of the siblings will not be calculated. It should be noted immediately that the fact that the disposition subject to restitution was made before 1.1.2002 does not make it subject to the Old Civil Code. What is important is the date of death of the inheritor.
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