Türkisch 
Englisch 
Russisch 
Disinheritance by will (iskat) is where the deceased, upon the existence of the grave grounds exhaustively enumerated in the law, deprives an heir holding a reserved share of that reserved share by a testamentary disposition. This transaction is valid only on condition that the requirements set out in Article 510 of the Turkish Civil Code (Türk Medeni Kanunu) are met and the ground is expressly stated in the will.
This guide comprehensively addresses the process of disinheritance by will in Antalya under the headings of the distinction between punitive and protective disinheritance, the provisions of Articles 510 and 512 TCC, the formal requirements of the will, the burden of proof, and litigation strategy, in the light of current Court of Cassation decisions.
What Is Disinheritance (İskat)?
Disinheritance is the transaction whereby the deceased, upon the occurrence of the grounds exhaustively provided for in the law, deprives an heir holding a reserved share of their inheritance right by a testamentary disposition. This transaction can target only heirs holding a reserved share (descendants, the spouse, and the parents); for heirs who do not hold a reserved share, there is not disinheritance but a direct exclusion remaining within the disposable portion.
The reserved share denotes the minimum inheritance share guaranteed by law, which cannot be reduced even by the deceased's testamentary dispositions. In Turkish law, descendants, the surviving spouse, and the deceased's parents are among the heirs holding a reserved share.
The Distinction Between Punitive Disinheritance and Protective Disinheritance
Doctrine and judicial practice divide disinheritance into two basic categories. Punitive (ordinary) disinheritance, under Article 510 TCC, rests on the heir's culpable acts and reflects a kind of sanctioning intention of the deceased. Protective disinheritance, on the other hand, under Article 513 TCC, is in the nature of a good-faith disposition made in order to allocate half of the reserved share of an insolvent heir to that heir's own descendants.
Court of Cassation, 3rd Civil Chamber, Decision dated 12.02.2020, File No. 2019/5621, Decision No. 2020/1123It was emphasized that disinheritance is divided into two—punitive and protective; that punitive disinheritance rests on the heir's culpable acts, while protective disinheritance is a disposition pursuing the aim of protecting the heir's descendants. It was stated that, where the ground for disinheritance cannot be proved, the disposition continues to produce effect in the portion outside the reserved share (in the amount of the disposable portion).
Article 510 TCC — The Substantive Requirements of Disinheritance
Article 510 of the Turkish Civil Code makes disinheritance conditional on the existence of only two grounds. These grounds are interpreted narrowly, and new instances of disinheritance cannot be created by broad interpretation; this rule is consistently applied by the Court of Cassation.
1. The Commission of a Grave Crime Against the Deceased or Their Relatives
The first ground for disinheritance is that the heir has committed a grave crime against the deceased or against one of the deceased's relatives. The expression "grave crime" here is not a category defined in the criminal law; in each concrete case, the gravity of the act is assessed by taking into account the extent to which it has shaken the relationship of trust between the deceased and the heir.
2. The Substantial Breach of Obligations Arising from Family Law
The second ground is that the heir has failed to fulfill their obligations arising from family law "to a substantial extent." These obligations, within the framework of Article 322 TCC, encompass regard for the family's peace and integrity, mutual assistance, respect, and family honor. The Court of Cassation requires that the breach within this scope be, objectively, of a nature that would sever the family ties, and, subjectively, that it have actually severed those ties.
Court of Cassation, Assembly of Civil Chambers, Decision dated 25.09.2024, File No. 2023/53, Decision No. 2024/464It was stated that, in assessing the concept of a "substantial" breach of obligations arising from family law, it is required that the act be, objectively and subjectively, of a nature severing family ties; that breaches arising from a relationship of agency or from the law of obligations do not, on their own, constitute a ground for disinheritance, and that a breach of a family obligation is necessarily required.
The Obligation to State the Ground in the Will (Article 512 TCC)
For disinheritance to be valid, it is mandatory that the ground for disinheritance be expressly stated in the will. Pursuant to Article 512 TCC, a mere abstract declaration by the deceased in the form of "I disinherit such-and-such a person" is not sufficient; the ground for disinheritance must be expressed in concrete terms and, as far as possible, with the date, place, and event stated.
If the ground for disinheritance is not stated at all in the will, or if the stated ground cannot be proved, the disinheritance is not deemed entirely void. In this case the heir receives their reserved share in any event; the disposition produces effect only in the amount of the disposable portion.
Who Bears the Burden of Proof?
Where the disinheritance is objected to, the obligation to prove that the disinheritance is justified lies not on the disinherited heir but on the other heirs or the testamentary creditors who benefit from the disinheritance. This is a natural consequence of our legal system's aim of protecting the reserved-share principle.
Court of Cassation, 3rd Civil Chamber, Decision dated 03.02.2020, File No. 2019/5263, Decision No. 2020/670It was emphasized that, where the disinheritance is objected to, the burden of proving that the ground for disinheritance stated in the will is true and justified lies on the heirs or the testamentary creditors who derive a benefit from the disinheritance. It was stated that, where this ground cannot be proved, the disposition will not produce effect with respect to the reserved shares.
Types of Will and Formal Requirements
For the intention to disinherit to be valid, it is a precondition that the will carrying this intention fully comply with the formal requirements. The Turkish Civil Code provides for three types of will.
| Type of Will | Formal Requirements | Areas of Risk |
|---|---|---|
| Official Will | Drawn up before a notary, a judge of the court of peace, or an authorized official, with two witnesses. | The most reliable type in formal terms; the risk of annulment is lowest. |
| Holographic Will | A date containing, from beginning to end, the deceased's own handwriting, signature, and the year-month-day information. | A missing date, or the use of a typewriter or computer, renders the will invalid. |
| Oral Will | A declaration to two witnesses in extraordinary circumstances; the witnesses must submit it to the court without delay. | Breach of the "without delay" condition is a ground for annulment; circumstances such as a pandemic are not deemed an excuse. |
The Importance of the Date Requirement in the Holographic Will
The date element carries vital importance for the validity of the holographic will. The absence of any one of the year, month, and day information leads to the annulment of the will. This is among the most frequently encountered grounds for annulment in the will-annulment actions heard before the Antalya civil courts of peace.
Court of Cassation, 7th Civil Chamber, Decision dated 15.12.2025, File No. 2025/1708, Decision No. 2025/5404It was stated that, for the holographic will to be valid, it must be written from beginning to end in the deceased's own handwriting, signed, and dated by indicating the year, month, and day; and that a deficiency in the date element makes the annulment of the will mandatory.
The "Without Delay" Submission Requirement in the Oral Will
The oral will is an exceptional avenue that can be resorted to only in extraordinary situations such as the danger of death, the severance of transport, illness, or war. It is a mandatory rule that the deceased relate their last wishes to two witnesses and that the witnesses submit this declaration without delay to the civil court of peace or the court of first instance.
Court of Cassation, 7th Civil Chamber, Decision dated 11.12.2025, File No. 2025/3520, Decision No. 2025/5343It was emphasized that the obligation for the witnesses to submit the declaration to the court without delay in the oral will is of a mandatory nature; that even extraordinary circumstances such as pandemic restrictions do not remove this condition, and that an unreasonable delay will lead to the annulment of the will.
The Legal Consequences of Disinheritance
A valid disinheritance disposition produces significant legal consequences with respect to the disinherited heir. The heir loses the right to take a share of the estate; during a valid disinheritance they cannot exercise the right to bring an action for abatement (tenkis). However, disinheritance does not eliminate certain collateral obligations.
The Position of the Disinherited Heir's Descendants
By virtue of the principle of the individuality of punishment, the share of the disinherited person passes to their own descendants as if that person had died before the deceased. Unless the deceased has made a disposition to the contrary, the children and grandchildren of the disinherited heir benefit from this share by way of succession.
If the deceased forgives the heir after learning of the ground for disinheritance, the right of disinheritance lapses. Forgiveness may be made by an express declaration and may also be inferred from conduct; however, the existence of an implied forgiveness is a particularity that must be separately debated in each concrete case.
Digital Wills and Current Debates
Digital texts prepared as a computer file and saved under the title "My Last Will" are, as a rule, deemed invalid under Turkish law because they do not satisfy the handwriting requirement. Social media posts or audio-video recordings likewise cannot produce effect as a will, since they do not carry the formal requirements sought by the law. The foreign-law tendencies and "favor negotii" debates in this field remain, for now, confined to Turkish doctrine.
Practical Strategies in Disinheritance Litigation
From the deceased's standpoint, drawing up the will in official form (before a notary) is the safest way for the intention to disinherit to rest on solid foundations. From the disinherited party's standpoint, meticulously examining the will in terms of both form and substance is decisive for a successful annulment or abatement action.
Strategy in Favor of Disinheritance
During their lifetime, the deceased should append the evidence relating to the ground for disinheritance (finalized court decisions, prosecution files, witness information, correspondence) to the will, or make an express reference to this evidence in the will. A concrete account containing "event, place, and time" information eases the task of the party bearing the burden of proof.
Strategy for Objecting to Disinheritance
The disinherited heir may bring an annulment and/or abatement action by asserting the will's non-compliance with the formal requirements, that the ground for disinheritance did not occur, that the ground did not reach the threshold of being "grave" or "to a substantial extent," or that the deceased forgave them. In the inheritance actions heard in Antalya, the date element of the will and the deceased's capacity to distinguish are among the most frequently invoked grounds for annulment.
Frequently Asked Questions About Disinheritance by Will
Can the deceased disinherit their reserved-share child without stating any ground?
No. Pursuant to Article 512 TCC, it is mandatory for the deceased to expressly state the ground for disinheritance in the will. Disinheritance made without a ground being stated does not produce effect with respect to the reserved share; the heir receives their reserved share in any event. The disposition is valid only in the amount of the disposable portion outside the reserved share.
Is the ground "they never call or ask after me" sufficient for disinheritance?
It is not sufficient on its own. According to the Court of Cassation's practice, for indifference to be deemed a "substantial breach of obligations arising from family law," continuity, gravity, and the actual severance of family ties are required. Temporary estrangement or infrequent contact does not meet this threshold; the existence of a persistent, deliberate attitude that has entirely exhausted the family relationship is required.
What happens if I forget to date a holographic will?
The date element is a mandatory validity requirement. The absence of any one of the year, month, or day information leads to the annulment of the will. This renders both the disinheritance provision and any other testamentary dispositions invalid. For this reason, an official will drawn up before a notary should be preferred over a holographic will.
Can the children of the disinherited person also not take a share of the inheritance?
On the contrary. By virtue of the principle of the individuality of punishment, the share of the disinherited heir passes to their own descendants as if that person had died before the deceased. That is, the children and grandchildren of the disinherited person continue to take a share of the inheritance by way of succession. Unless the deceased makes a disposition to the contrary, the effect of the disinheritance remains limited to the disinherited person alone.
If I object to the disinheritance, who bears the burden of proof?
The burden of proof lies not on the disinherited heir but on the other heirs or the testamentary creditors who derive a benefit from the disinheritance. They must prove before the court that the ground for disinheritance stated in the will is true and justified. If the ground cannot be proved, the disposition does not produce effect with respect to the reserved shares.
What happens if the deceased forgives the heir after the disinheritance?
If the deceased forgives the heir after learning of the ground for disinheritance, the right of disinheritance lapses. Forgiveness may be made by an express declaration and may also be inferred from the deceased's conduct; for example, re-establishing a close relationship with the heir, making a gift to them, or renouncing the disinheritance by a new will may be deemed an indication of implied forgiveness.
Within what period must an oral will be submitted to the court in extraordinary circumstances such as a pandemic?
The law uses the expression "without delay," and this period denotes the shortest time after the end of the extraordinary circumstance in which submission cannot reasonably be delayed. According to the Court of Cassation's current decisions, a pandemic or similar compelling circumstances do not extend this period; an unreasonable delay by the witnesses causes the annulment of the will.
Related service page: Antalya inheritance lawyer
