Equalization is the rule that important gains made by the testator in favor of his descendants (dowry, education, marriage aid, real estate grant, etc.) are taken into account during inheritance sharing. It is regulated in TMK art. 669-675.
Which Earnings Are Subject to Equalization?
- Dowry
- Marriage fee / aid
- Immovable property / significant monetary grant
- Expenses for placement in a profession (generally except for ordinary education)
Excluded from Equalization Retention
If the testator has declared that he/she has explicitly excluded the income from equalization, no equalization will be made (TMK art. 671).
Difference with Retention
- Equalization: It equalizes the share only among the descendants
- Reduction: It corrects the encroachment on the hidden share, and also to others. applicable
Filing the Case
Other descendant heirs request during the process of sharing the inheritance. There is no period, but 10-year general statute of limitations applies (TMK art. 146).
Supreme Court 14. HD
14. HD accepts that in order for equalization to be applied, the income must be of "extraordinary" quality, and small holiday and birthday gifts are not subject to equalization.
Inheritance law lawyer support is recommended.