Owning property or assets in a foreign country is a significant milestone, but it also brings unique legal responsibilities. For foreign nationals residing in Turkey or owning real estate across the Turkish borders, understanding local inheritance laws is not just a matter of preference—it is a necessity to protect your legacy.

In this guide, we will explore the nuances of Inheritance Law in Turkey and why drafting a Turkish will is the most secure way to ensure your assets are distributed according to your wishes.

Does Turkish Law Apply to You?

Under the Turkish International Private and Civil Procedure Law (MÖHUK), inheritance of immovable property (real estate) located in Turkey is governed strictly by Turkish Law. Even if you have a will in your home country, executing it over Turkish real estate can be a lengthy, expensive, and sometimes impossible process due to the principle of lex rei sitae (the law of the place where the property is situated).

For movable assets (bank accounts, vehicles, personal belongings), the national law of the deceased generally applies. However, having a local will simplifies the probate process significantly.

Types of Wills Under the Turkish Civil Code

Turkish law recognizes three primary forms of wills, each with specific formal requirements:

1. Official Will (Resmi Vasiyetname)

This is the most secure and common method for foreigners. It is drafted by a Public Notary or a relevant official.

• Process: Two witnesses must be present. The notary ensures the document complies with Turkish legal standards.
• Advantage: It is very difficult to contest in court because the notary verifies the testator’s mental capacity and the document’s authenticity.

2. Holographic Will (El Yazılı Vasiyetname)

A will entirely handwritten, dated, and signed by the testator.

• Requirement: It cannot be typed. It must be in the testator’s own handwriting.
• Risk: It is easily lost or contested regarding its authenticity.

3. Oral Will (Sözlü Vasiyetname)

Reserved for extraordinary circumstances (e.g., imminent death in a war or natural disaster) where making an official will is impossible. It is rarely applicable in standard estate planning.

The “Reserved Portion” (Saklı Pay) Challenge

One of the most critical aspects of Turkish Inheritance Law is the Statutory Reserved Portion. Turkish law protects certain heirs (such as children and spouses) by ensuring they receive a specific percentage of the estate, regardless of what the will says.

Navigating these limits requires expert legal drafting to prevent your will from being partially annulled by a “Lawsuit for Reduction” (Tenkis Davası).

Why You Need a Turkish Lawyer for Your Will

Drafting a will as a foreigner involves more than just translating a document. A specialized legal partner will:

• Ensure Compliance: Tailor the will to respect both Turkish mandatory heirship rules and your personal wishes.
• Bridge the Language Gap: Provide sworn translations and ensure you fully understand every legal term.
• Asset Protection: Coordinate between your home country’s laws and Turkish regulations to avoid double taxation or conflicting mandates.
• Safe Keeping: Assist in the formal registration of the will at the notary and its notification to the Census Office.

Conclusion

Securing your assets in Turkey provides peace of mind for you and your loved ones. At Eker Law, we specialize in assisting international clients with complex estate planning and inheritance procedures.