What is a Reduction Action in Inheritance?
A reduction action is a lawsuit filed to remedy the infringement of the inheritance rights of heirs with a reserved share by the testator exceeding their freedom of disposition and to bring the testator’s disposition within legal limits.
A reduction lawsuit is a lawsuit related to inheritance law and can be filed upon the death of the testator (the person leaving the inheritance). It is not possible to file this lawsuit while the testator is alive. A reduction lawsuit is a highly effective legal action against the testator’s attempts to deprive certain heirs of their inheritance.
What is a Heir with a Reserved Share?
Heirs with a reserved share are heirs whose inheritance shares are protected at certain rates against the dispositions made by the testator. In other words, heirs who have an inheritance right that the testator cannot interfere with or dispose of in any way are called “heirs with a reserved share.” The heirs with reserved shares, which are limited in the Civil Code, are as follows:
The descendants of the deceased (children, adopted children, grandchildren, and their children),
The parents of the deceased,
The spouse of the deceased.
The testator’s siblings, who were previously considered reserved share heirs, have been removed from this category by the amendment. However, in cases of death occurring before May 10, 2007, when this amendment was made, the reserved share of the siblings will also be taken into account in any reduction proceedings initiated at a later date.