Making a will as a foreign national is possible in Turkish law and is an issue that is encountered more frequently in practice than it is thought. The real issue is not “can it be regulated?”, but “which country’s law will be applied”. The answer is not a single one: it varies depending on the subject of the inheritance, and this distinction is especially decisive for foreigners who own real estate in Turkey.
The crux of the issue is the Law No. 5718 on Private International Law and Procedural Law. This law determines which law will be applied in every dispute involving a foreign element.
Which Law Applies to Foreigner’s Inheritance?
Rule, inheritance national law of the deceased is subject to. As a rule, the inheritance of a German citizen is settled according to German law.
However, there is a very critical exception in the same article:
Located in Turkey
Turkish law applies to immovable properties.
In other words, regardless of the citizenship of the deceased, the flat, land or workplace in Turkey is shared according to Turkish inheritance law. The reserved share rules come into play for these properties.
In addition, the provisions regarding the reasons for opening the inheritance, its acquisition and distribution are subject to the law of the country where the inheritance is located.
Result in Application
Two separate regimes can operate simultaneously in the inheritance of a person who has assets in two countries: national law for bank accounts and movable properties, Turkish law for immovable properties in Turkey.
Failure to take this dual structure into account when preparing Foreign will leads to disputes between the heirs that last for years.
Is a Will Made Abroad Valid in Turkey?
As a rule, yes. Turkish law is deliberately flexible in terms of form: legal transactions can be carried out in accordance with the form prescribed by the law of the country in which they are carried out or by the law that is competent on the substance of the transaction.
An additional opportunity is provided for savings due to death:Death-related dispositions made in accordance with the national law of the deceased are also valid.
The capacity to dispose upon death is subject to the national law of the disposer at the time the disposition is made.
In practice, the problem is not validity,in execution appears. In order for a will prepared abroad to become valid in Turkey, apostille, sworn translation and often a recognition lawsuit are required. The Supreme Court examined the disputes regarding the recognition and enforcement requests of wills drawn up by a foreign notary and filed by a foreign court; The discussion often gets bogged down at this procedural stage.
What are the Forms of Wills in Turkish Law?
Turkish Civil Code No. 4721 stipulates three forms: the will can be made officially, in the handwriting of the testator or verbally.
Official Will
It is the safest way. Official will,by an official with the participation of two witnesses is edited. Official officer; It may be a judge of peace, a notary or another officer granted this authority by law.
There is a prohibition here that makes many wills invalid. Those who do not have the capacity to act, those who are banned from public service by the decision of the criminal court, those who are illiterate, the spouse of the testator, blood relatives in the lineal lineage, siblings and their spouses cannot participate in the regulation as officials or witnesses. In addition, the officers and witnesses who participated in the arrangement, their descendants, siblings and spouses cannot be granted money through that will.
In short:Do not bring your child or spouse as a witness. This is the most common mistake.
Handwritten Will
It must be written and signed in the handwriting of the testator from beginning to end, indicating the year, month and day of its execution. It can be left open or closed to a notary, magistrate or authorized officer for safekeeping.
It is inexpensive but fragile: missing the date or writing part of the text on the computer will be grounds for cancellation.
Oral Will
It is specific to extraordinary situations such as imminent danger of death. It is not a planning tool, but an exceptional opportunity.
License to Make a Will
In order to make a will according to the Turkish Civil Code
It must be has the power of discernment and is over fifteen years old. Let us remind you that for foreigners, the driver’s license will be evaluated according to the person’s national law.
What Documents Are Required?
- Valid passport
- Foreign identification number or tax number
- Two witnesses— persons not covered by the ban
- Sworn translator— Required if you do not know Turkish; The notary will not take action without making sure you understand the content.
- Immovables
Asset details such as title deed information, bank account information
The process itself is usually completed on the same day. The time-consuming part is the preparation: gathering documents, arranging witnesses and interpreters, carefully drafting the text.
Common Mistakes
- Choosing a close relative as a witness. Overrides the payout.
- Thinking that national law covers everything. Turkish law applies to real estate in Turkey.
- Writing a handwritten will partially on the computer or leaving the date missing.
- Trying to perform a transaction without an interpreter.
- Not taking into account the recognition process and keeping the heirs waiting for months.
Frequently Asked Questions
Can a foreign national make a will through a notary public in Turkey?
Yes. The official will can be drawn up in the presence of a notary, with the participation of two witnesses.
Can I leave the flat in Turkey to whomever I want?
On a limited basis. Since Turkish law will be applied to the real estate, reserved share rules come into play.
Is a will I made abroad considered valid here?
In terms of shape, as a rule, yes; However, in order to be executed in Turkey, apostille, sworn translation and, when necessary, a recognition lawsuit are required.
How many witnesses are needed?
Two witnesses. Spouses, ancestors, descendants, siblings and their spouses cannot be witnesses.
What should I do if I do not know Turkish?
The transaction is carried out with a sworn translator. The notary must determine that you understand the content.
Can I give up after making a will?
Yes. The will can be revoked at any time; A new will can be made or what has been left to the notary can be withdrawn.
Legal notice: This article contains general information about Turkish law and does not constitute legal advice. In inheritance planning that has a foreign element, citizenship, place of residence and structure of assets change the outcome. Consult a lawyer before making a will.
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