What is the Hidden Share? What are the Hidden Share Rates Like?
Determining the legal reserved share of the heirs in the event that the testator makes a will or other death-related savings is very important in order to prevent loss of rights. A decedent may have encroached on the hidden shares of his heirs that we have mentioned with his savings and donations related to his life or death that he has made. In order to prevent such encroachments and possible loss of rights, the law gave the right to claim and sue the heirs of the reserved share for the criticism of such savings after the death of the testator.
The subject of the Tenkis case, which is envisaged to prevent these encroachments and violations, is the savings of the deceased who encroached on the hidden share, for example, donations, etc. this is a deduction at the rate of rape, that is, at the rate of the portion that interferes with the reserved share, and this deducted portion is allocated to the heir with the reserved share.
TMC. Md.in 560, the case of tenkis was regulated, and the first paragraph of this regulated article states that “heirs who cannot receive the value of their reserved shares may sue for tenkis of their savings exceeding the portion that the testator can save. it has the form “.
As we explained above, in order to use this right of criticism request;
- The fact that the decedent of the inheritance has exceeded the savings rate (in such a way as to encroach on the hidden share) with his savings due to death or his cross-border donations
- It is sought that the right of the heir to a reserved share has been violated.
Who Can Open a Tenkis Case?
The heir, whose hidden share has been violated, is authorized to file a tenkis lawsuit. However, as can be expected, the heir who has renounced his right under the contract of renunciation of the inheritance or who has missed the inheritance or is deprived of the inheritance has no right to demand a review.
In some cases, the creditors of the heirs with hidden shares also have the right to a court case. TMK md.according to 562, if the heir is unable to pay his debts and does not seek his right even if he sees that the hidden share has been violated, his creditors can demand criticism and sue him instead.
TMK md. the provision of article 562 on the authority to file a claim for divorce instead of an heir attached certain conditions;
- A certificate of inability to pay or a decision on bankruptcy must be found in the hands of the creditors of the registered heir or at the bankruptcy desk.
- The reserved heir must have requested a review and not sued.
- Creditors or the bankruptcy court must have notified the registered heir to file a tenkis lawsuit, and this warning must remain without delay.
In Tenkis cases, the competent and authorized court The Court of First Instance at the last residence of the testator is authorized and authorized.
In the Tenkis case, the party being sued is the person whose hidden share has been made in favor of the encroaching donations. The person being sued, the one to whom he left a will in favor, can also be a legal or appointed heir.
A person who thinks that his hidden share has been violated can submit a request for a review only after the death of the testator. This right begins to function from the day the heir finds out that his/her reserved share has been violated, and the period of 1(one) year is the period of reduction of the right. However, if the heir is not aware that his/her hidden share has been violated, for example, the 10(ten) year entitlement reduction period applies. The beginning of this period is the day on which the will is opened about the savings made by the testator. In contrast, in the case of criticism of savings and donations made by the inheritance agreement or by an inter-service transaction, the 10(dec)-year period begins to operate from the moment of the death of the testator. Because these concepts do not go into the concept of opening a will.
The hidden share rates we mentioned;
Half of the inheritance share for the children of the testator,
1/4 of the share of inheritance for each of the mother and father,
For the surviving spouse, the parents or children, as well as the full share of the legal inheritance if there is an heir,
In other cases, a condition in which the rights in the proportion of 3/4 of the inheritance share cannot be left by the testator to any person or institution with a will or other death-related savings is called a reserved share. In other words, even if the inheritor has made a savings in such a way as to pierce these hidden shares while he is alive, the hidden share is protected.
According to our law, the hidden heirs are the children, grandchildren, great-grandchildren of the one who bequeathed the inheritance to the first group (that is, the entire first group), that is, the children. In the second group, the parents of the deceased have a hidden share. In contrast, brothers and sister children have no hidden shares. There is no hidden heir in the third group. In addition to these, our law has granted the right to a hidden share to the surviving spouse.
On the other hand, the hidden shares and the savings rate are calculated on the basis of the net worth of the term. Therefore, for the values that will be issued in exchange for the hidden share ratios, the values that are passive of the following tereken are first subtracted from the tereke asset.
- Arrears of the term
- Funeral expenses
- Measure costs
- 3-Month living expenses of those who live together with the inheritor
