What is the Case of Reduction in Inheritance Law?
If the decedent, that is, the inheritor, appoints an heir with testamentary dispositions and leaves the whole of his inheritance or parts of the inheritance that also touches the rights of his legal heirs, a legal issue arises, which can only be a solution. Not all civil courts hear the Action for reduction case. However, if a case of criticism is to be filed, then the relevant court; is called a court of the first instance. And in addition, a statute of limitations has been set for the filing of the action for criticism. This time; It covers one year starting from the date the situation was learned. However, since the lawsuit for reduction is a lawsuit that is suitable to protect the material rights of the legal heirs, it is foreseen in a general period for the filing of this lawsuit, which covers the 10 years starting with the division of the inheritance into shares and the transfer of the estate to the relevant persons.
Who Can Open the Action for Reduction Case?
An action for reduction cannot be brought against the testator. It is filed against the deceased person’s appointed heir, in which case you are expected to have one of the legally recognized statuses to be a plaintiff. In this case, there may be three different property owners, Let’s list them as follows;
- Heirs with reserved shares have the right to file a lawsuit against the relevant heir. We have discussed this reserved heir issue in our previous articles; We definitely recommend that you take a look. However, in addition, let us state again that the heirs with reserved shares; parents, spouses and descendants of the descendants are all.
- Persons that we can count in the second section as having a reserved share; are the creditors of the estate. Well; If the creditors of the testator cannot receive the said receivables even when there is enough inheritance for the right of the estate; in that case, they are deemed to be reserved and they can file a lawsuit for criticism against the relevant persons.
- Finally; The bankruptcy office has the authority to file a case of criticism against those who have acquired the relevant inheritance.
These three groups of people we have listed can only file the case of criticism against the person who has received the relevant inheritance. Let’s say that this person dies after inheriting the inheritance that damaged the hidden shares left to him from the inheritance, and the relevant inheritance is left to this person’s descendants and spouse. In that case; Again, those who can file a lawsuit for criticism will be able to defend their rights against lower lineages and spouses.
