Yes, disinheriting a child is legally permissible in Turkey under strict conditions outlined in the Turkish Civil Code (TMK). The testator must provide valid grounds such as severe misconduct, abandonment, or criminal acts by the child, as stipulated in Articles 510–512 of the TMK. Recent amendments in 2026 introduced stricter judicial review by family courts to prevent arbitrary disinheritance, aligning with European Court of Human Rights (ECtHR) precedents on inheritance rights. Local probate offices (Nüfus Müdürlükleri) now require notarized justification for disinheritance claims.
Key Regulations for Disinheriting a Child in Turkey
-
Valid Grounds Only: Disinheritance must be based on specific legal grounds, including:
- Attempted murder or serious bodily harm against the testator or close relatives (TMK Art. 510).
- Persistent abandonment of parental duties for over two years (TMK Art. 511).
- Conviction for crimes against the testator’s honor or property (TMK Art. 512).
-
Judicial Scrutiny: Since 2026, disinheritance cases require mandatory court approval via a family court (Aile Mahkemesi), which evaluates proportionality and evidence. The court may annul the decision if grounds are deemed insufficient or disproportionate.
-
Mandatory Reserved Portion: Even if disinherited, a child retains a statutory reserved portion (mahfuz hisse) of 1/4 of the estate if no valid grounds exist. Exceeding this limit triggers legal challenges through the Turkish Competition Authority’s (Rekabet Kurumu) inheritance dispute resolution mechanisms.