Inheritance Law & Wills in Turkey

  • Basak
    Basak
    BASAK studied law at the Eastern Mediterranean University and went on to obtain a Masters degree in Energy Law at Yasar University. Basak is specialized in all matters concerning Energy Law, Business and Commercial Law, Real Estate, İnheritance and Family Law. She was admitted to Antalya Bar Association in 2009 . She speaks Turkish and English while Russian is also spoken in her office.
  • Dilruba
    Dilruba
    Dilruba graduated from the Gazi University, Faculty of Law and for several years has been working at one of the top law firms of Ankara specialising on cases regarding insurance law, corporate law, labour law, enforcement law and international private law that embodies different departments for each field of law. She is fluent in English and German as well as her native Turkish
  • Yusuf
    Yusuf
    Yusuf graduated from Izmir University and started working immediately with a prestigious law firm in the city. He now manages his own law office, focusing on commercial litigation, contractual disputes, debt collection, employment law as well as occasionally assisting clients in the areas of property law. Yusuf is a member of Izmir Bar Association and speaks English fluently.
  • Ezgi
    Ezgi
    Ezgi graduated from Marmara University/İstanbul in 2005 and joined one of the largest law firms in İstanbul for 2.5 years to practice regulatory law. Then she continued her career as an in house lawyer in an international company running cruise ports all over the world. She stayed with the company for 8 years where she grew her experience in corporate law, contract law, privatisations, mergers and acquisitions and employment law to a high level. Ezgi is fluent in English.
  • Nihan
    Nihan
    Nihan was admitted to the Turkish Bar in 2009. She primarily concentrates on Contracts Law, Real Estate and Construction Law. She also regularly advises on Litigation (debt recovery, breach of contract, liability and corporate conflicts etc.), Family Law and Labour Law. She has considerable experience in the field of cross-border and transnational legal matters. She is fluent in English and French and in addition she is a registered sworn translator and interpreter.
  • Burcu
    Burcu
    Burcu is dual qualified in Turkey and France with a Masters Degree in European & Corporate Law. She provides English-speakers with legal assistance in the areas of Contract Law, International Business Law, Corporate Law and Real Estate law. Burcu is also a registered, sworn translator and interpreter in English, French, Italian, German.

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Introduction

The main laws governing inheritance in Turkey are the Turkish Civil Code, Law on Code of International Private and Procedural Law, and the Code of Civil Procedure.

The main principle regarding jurisdiction over real property is that property is regulated by the laws where it is located. Turkish law is therefore the applicable law governing ownership of real property located within the boundaries of the Republic of Turkey.

If the estate of the deceased includes fixed property assets in Turkey, then Turkish Law is applied, whereas movable assets are subject to the deceased’s national law.

Religion or nationality has no effect on jurisdiction concerning inheritance issues; however if a citizen of a country with which Turkey does not have reciprocity inherits real estate in Turkey, then the property is devolved and the real estate is liquidated.

The Court of Peace and Court of First Instance are the principal courts which hear lawsuits on inheritance issues. The length of time taken to complete the proceedings is unpredictable, since it depends on the complexity of the case and the caseload of the court.

 

Why Make a Will?

If you die intestate, your estate will be wound up according to the rules of intestacy. These can quite often be very complicated. By making a Turkish will you may help your successors avoid time-consuming and costly legal proceedings and to suffer unnecessarily due to complications that may arise during the winding up of your estate.

Dying intestate can have even more serious implications. For example, if you are not married, Turkish inheritance law will not automatically entitle your life partner to your estate. Therefore, your partner may end up inheriting nothing from your estate if you die without a Turkish Will.

On the other hand, a Turkish Will will enable you to make specific arrangements concerning your estate. For example, you can create a life interest in your property or impose certain duties on the beneficiaries to your estate, or even make conditional gifts.

If you make a Will you will be able to appoint an executor who will be able to wind up your estate more efficiently.

 

Last Will & Testament Specifications

Foreign nationals who plan to bequeath real property in Turkey should make a will in the form specified by the Turkish Civil Code.

The testator should have full mental capacity, and be more than fifteen years old. In case of error, fraud or duress, the will is not valid.

A will may be created in official form, in handwriting, or orally. An official Will is made in the presence of a Notary Public or a Justice of the Peace in accordance with certain formal conditions, and is signed by two witnesses.

A holograph is written entirely in the testator’s handwriting and must include the place, day, month, and year in which it was created as well as the signature of the testator. A will prepared in this way should be given to the court or a notary public for safekeeping. In exceptional circumstances, an oral Will may be considered to have fulfilled the formalities.

Advocate Abroad can assist English-speaking clients to create a last Will and Testament to ensure the appropriate distribution of their property assets in Turkey and also to process the inheritance of an estate in Turkey.

Client Testimonials

Reviews of Advocate Abroad lawyers placed by clients directly on the Wufoo client survey platform:

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    Thursday, July 19, 2018
    Beatriz was really helpful and always kept me informed at all stages. She is very professional and a pleasure to deal with.
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    Thursday, July 12, 2018
    My lawyer Francisca offered value for money and was very helpful. Will use her again.
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    Thursday, July 05, 2018
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    Thursday, July 05, 2018
    Beatriz was professional and quick to respond. Would definitely recommend to friends.
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    Thursday, July 05, 2018
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    Thursday, July 05, 2018
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    Wednesday, July 04, 2018
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    Wednesday, July 04, 2018
    Extremely helpful and very professional. Will definitely use Alvaro next time we require legal advice.
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    Wednesday, July 04, 2018
    Professional, friendly, efficient service, good value, a pleasure to use the services of the lawyer and his team. In depth knowledge of the relevant laws, taxes etc.

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    Wednesday, June 27, 2018
    I liked Alvaroós enthusiasm, and the great level of customer service. He always answered my questions thoroughly.
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    Tuesday, June 26, 2018
    Good advice, very helpful and fast. Would definitely recommend Luis to friends.
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    Monday, June 25, 2018
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    Friday, June 22, 2018
    Very satisfied with the service provided by Marianne. She speaks English fluently and she was very quick, comprehensive and clear in answering all the questions.
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    David Stack, Lliria, Spain
    Thursday, June 21, 2018
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    Wednesday, June 20, 2018
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    Wendy Dickson, Marbella
    Tuesday, June 19, 2018
    It was all done very quick. Very good value for money. How easy it all was to communicate via email.
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    Peter & Anita Bradshaw, Leeds, England
    Monday, June 18, 2018
    We could not be more happy with the service we received from Jaime.

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    Before contacting Jaime, our previous experiences of Spanish Lawyers had been appalling - in fact we needed Jaime's help to resolve issues which previous Lawyers had created. Our only regret is not finding Jaime sooner!

    Thanks so much for all your help Jaime.
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    Dion Nash, Algarve
    Tuesday, June 05, 2018
    Our lawyer Luis is bilingual, and was extremely helpful. We received very good service - Luis did everything needed to help me with my case. I would definitely recommend him to friends.
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    Jan Neate, Nerja
    Wednesday, May 30, 2018
    Very satisfied with the service provided by Beatriz. She extremely helpful and spoke more or less fluent English. We would definitely recommend her to friends.
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    Wednesday, May 30, 2018
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    Tuesday, May 29, 2018
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    Tuesday, May 29, 2018
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    Monday, May 28, 2018
    Miguel was helpful and kind. We will use his service in the future.
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    Thursday, May 24, 2018
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    Thursday, May 24, 2018
    Felt very comfortable at all times. Nothing was too much. Understood everything mentioned in our meeting. Very reasonable rate, money wise.
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    KL, Valencia, Spain
    Wednesday, May 23, 2018
    Inma is easy to talk to, is prompt in replying to emails, is helpful and above all achieved the solution I wanted.
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    MF, Lanzarote
    Monday, May 21, 2018
    My lawyer Cristina was extremely understanding , friendly and reassuring. With Cristina on my side, it gave me confidence to continue.
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    RA, Paris
    Friday, May 18, 2018
    The service I needed wasn't complex, just verification of documents, but the service was rapid, friendly and exactly what I needed.My lawyer Julia was bilingual.
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    Sham Naib, Callao Salvaje, Tenerife
    Friday, May 18, 2018
    My lawyer Oliver was very helpful, always happy to assist. He professionally checked the law before dispensing advice.
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    Smith, France
    Friday, May 18, 2018
    Caroline is bilingual and was very helpful throughout. There is nothing I would suggest to improve. I was very happy with the service and would definitely recommend to friends.

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