Reversal case is a lawsuit filed for the reorganization of the share of the heir with a reserved share by canceling the death-related dispositions (will) or inter-livings (donations, etc.) of the testator that encroach on the reserved share.
Reserved Share Rates (TMK article 506)
- Descendant: 1/2 of the legal share
- Parents: 1/4 of the legal share
- Surviving spouse:
- With Altsoy: Full legal share
- With parent group: Full legal share
- Third estate or alone: 3/4 of the legal share
The reserved share of siblings was abolished with the 2007 amendment.
Savings Subject to Reaction (TMK Article 565)
- Gifts made by will
- Acquisitions made through inheritance agreement (unless waived)
- Inter-funds (donations, non-equalization grants)
- Awards not expressly stated to be subject to criticism
Order of Tenkis (TMK art.570)
First, death-related acquisitions (will), then inter-life acquisitions (the newest first) are criticized.
Right Limiting Period (TMK article 571)
- The heir with a reserved share 1 year from the date he learned that his share was damaged.
- In any case, 10 years from the opening of the inheritance
Supreme Court HGK Approach
The General Assembly of the Supreme Court of Appeals emphasized that if the testator has dispositions in the nature of donation (muris collusion) disguised as "sales", these transactions can also be evaluated within the scope of criticism, but the muris collusion case may have more comprehensive consequences.
Tenkis vs. Muris Muvazaası
The retaliation lawsuit does not completely annul the savings; It maintains the reserved share ratio. Muris collusion ensures the complete cancellation of the disposition. The reserved shareholder may file both lawsuits, depending on the circumstances.
Jurisdictional and Competent Court
- Officer: Civil Court of First Instance
- Authority: Last place of residence of the testator
Tenkis calculations require a technical expert. Inheritance law lawyer support is important.