How to File a Reduction Lawsuit
What is a Reduction Lawsuit?
Inheritance law is the branch of law that determines and regulates how the assets of a real person are to be shared upon their death or in cases of their absence. A reduction lawsuit is a type of lawsuit filed within the scope of inheritance law. You can visit the page to get information about situations that can be subject to reduction lawsuits.
What kinds of donations made by the testator can be reduced?
The reduction refers to the testator's encroachment on the reserved shares of mandatory heirs, either before death or through a will. For example, if the testator has given all of their assets to one child, they have violated the reserved shares of other entitled children. In this case, the mandatory heirs can file a lawsuit to demand the return of their reduced rights. In these lawsuits, only the violated rights of the mandatory heirs are reduced. Reduction lawsuits are filed against heirs and third parties to whom the testator has left more than their rightful share of the estate. Not all donations made by the testator can be the subject of a reduction lawsuit. Inheritance law clearly states which donations made by the testator are not subject to reduction. Donations made by the testator to their son to start a business in exchange for an inheritance right, paying off their son's or daughter's debt before death, or leaving a substantial dowry for their daughter cannot be the subject of reduction. However, if a testator with two children makes a donation to one son to start a business and does not make such a donation to the other son, the son who did not receive the donation can request an inheritance equalization. Inheritance law deals with all these matters. Lawsuits related to inheritance law are heard in courts of first instance (asliye hukuk mahkemeleri). An heir wishing to file a reduction lawsuit can apply to the court of first instance to initiate this lawsuit. Before filing such a lawsuit, you can visit the avhandesahin.com page and request legal consultancy services to get information about your legal rights and obligations and to avoid loss of rights during the lawsuit process.
