Valid dispotions inter vivos and legal consequences by the legal league with the intention of reducing the statutory entitlement

The subject of our study is the valid dispotions made by the legator with the intention of reducing the hidden share and the abatement of these dispotions. In our law, the share of some of the legal heirs from the inheritance is protected. Article 505 of the Turkish Civil Code regulates that under the title of disposable part, if the heir has descendants, parents or spouses, he has the freedom of disposal in the part of his inheritance excluding the reserved shares. The heirs to whom the legislator protects the inheritance share are called the heirs with a reserved share. In this context, the reduction of the valid dispotions made by the heirs with the intention of reducing the hidden share of the heirs with the reserved share exceeding the hidden share of the heirs is called "abatement". The death benefits of the legator are subject to abatement on the condition that they exceed the savings quorum and violate the reserved share, while the interpersonal dispotions are subject to limited abetement. In order for an interpersonal gain to be subject to abetement, it must first be one of the dispotions inter vivos listed in the law. Intermediate dispotions subject to abatement are listed in 4 clauses in article 565 of the Turkish Civil Code. Pursuant to the 4th paragraph of the article, the obvious dispotions made by the legator in order to nullify the reserved share rules are subject to abatement.