What are the Hidden Share Ratios in Inheritance Law?
The share hidden in the law of inheritance is a certain proportion of the legal inheritance share, which is protected against some savings of the heir that encroach on the right of inheritance. The heir (muris) cannot save on these rates. Inheritance right of the heir who has a reserved share on the reserved share cannot be eliminated in any way. The share hidden in the inheritance law is calculated on the Legal Inheritance Share.
Accordingly, the reserved shares are;
The Right to Reserve the Inheritance and Inheritance Share: Half (1/2) of the legal inheritance share of the heir to the child is considered as a reserved share.
Parents’ and Inheritance Rights: One fourth (1/4) of the legal inheritance share for each of the parents is considered a reserved share.
The Reserved Share for the Surviving Spouse: For the surviving spouse, the child (1. Class) or parents (2. If he is an heir together with the class), the entire share of the legal inheritance is considered as a reserved share; in other cases, if he is an heir alone or together with the third class, three quarters (3/4) of the share of the legal inheritance is considered as a reserved share.
However, in the determination of inheritance shares and reserved shares in the event of deaths occurring before 1.1.2002, the distribution and reserved shares are calculated according to the old system. In the system before this date, these ratios are different. In addition, the brothers who were considered heirs with reserved shares until 10.05.2007, their reserved shares will be taken into account in lawsuits filed due to deaths that occurred before this date. If the death occurred after the date of 10.05.2007, the brothers’ reserved shares will not be calculated. It should be noted immediately that the fact that the savings transaction subject to equalization was made before the date of 1.1.2002 does not make it subject to the Old Civil Code. The important thing is the date of death of the inheritor.
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