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Posts : 86
25.07.2006 : 18:24:29
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Can anyone explain the Inheritance law in Turkey
I have read 'Property and money left by a deceased person are divided among close relatives as stated in the Civil Code.......' My husband and I own a property in joint names. We have 2 adult children, one grandson and my parents in their 80's. If either my husband or I die it looks like everyone would have a portion of the property along with the surviving partner. We would prefer that the whole property go to the surviving partner, to be shared equally by our sons when we both exit this world. Does anyone know if we can write a Turkish will to over write the Civil Code?
Website Member
Posts : 75
26.07.2006 : 21:52:31
i think its better if you know a lawyer go and ask him
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Posts : 6
03.03.2007 : 17:55:47
to val from another val
did you ever find out about inheritance tax because im in the same position
any reccomendations as to who you saw about it
valerie admin@sunrayholidays
com
Website Member
Posts : 5
06.03.2007 : 00:58:54
Hi
As ý know the laws in Turkey,your joint name property is will stay with the partner if something happens to one of you and when u both die than it goes to your kids.if you and your parnter are not a married couple,when u die your partner and your kids will share the property.Your kids will only share your share in the property.
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Posts : 6
09.03.2007 : 01:42:39
hi
thanks
am coming over in April and am going to seek a turkish solicitor to get a will drawn up as i am single with 2 grown sons and an awful lot of relatives so will get it done and dusted just to be on the safe side... thanks for responses all valerie
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Posts : 86
23.03.2007 : 19:56:52
Hi Val - yes Val here.
We saw a solicitor and basically she explained there is no point in making a will. Under Turkish Inheritance law the property (when both my husband and I have gone) will be split between our 2 sons. Thats how it goes and a Will wont overwrite it! suits us fine but.....
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Posts : 33
07.10.2007 : 02:34:47
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OFFICIAL GUIDANCE ON MAKING A WILL IN TURKEY:
Please note paragraph marked 2 below: yes, you can make a will here as a foreigner, and there IS a point, and the future of your property after you die is determined by the laws in your country of citizenship (ie. England) unless you are married to a Turkish citizen ...
The article below is attributable to Annette, the owner of Bodrum Consulting, whose job it is to give legal advice and translation services to foreigners ... ie. she really, really knows what she is talking about!
Hope this helps you all!
Karen
ARTICLE: WILLS IN TURKEY
This is a question often asked between foreigners living here, particularly when they own real estate (immoveable property) in Turkey. It’s a fair question, as many people have made a will in their home country and the dispositions in a will are not limited to a person’s home country.
Making a will in Turkey makes sense if the property situation is complex or if there are many different inheritors.
There are two different situations to consider:
1) The foreigner who wants to make the will, is married to a Turkish citizenThe Turkish inheritance law recognizes wills, but the percentage of assets that one can freely dispose of is limited, as there is the saklý pay (reserved portion) prescribed by the law, a minimum share of the estate reserved for blood relatives, that must be respected.
Foreigners married to Turks are subject to Turkish law – at least as far as the assets acquired after the marriage are concerned.
2) The foreigner who wants to make the will, is not married to a Turkish citizenIf not married to a Turkish citizen, foreigners are subject to the legislation of their country of origin. This means it is possible to make wills in Turkey that do not comply with the Turkish inheritance law. As the Turkish notary who will draw up a foreigner’s will is normally unlikely to know the regulations of his customer’s original country, it is the foreigner’s responsibility to make the dispositions in compliance with current law. Ask a lawyer in your home country if you’re unsure what the regulations are.
Some foreigners ask lawyers to assist them with making a will, but there isn’t a real need for a lawyer. It is sufficient to write down the points that the will should contain and have them translated for the notary who will draw up the text in Turkish.
What is needed at the notary?
- Official passport translation of the foreigner making the will
- 4-5 photos (depends on the number of copies that are being issued)
- Health report obtained from the state hospital or saðlýk ocaðý (public health clinic). If you don’t speak Turkish take someone with you for translation as the doctors are reluctant to certify somebody’s sanity if they don’t understand the doctor’s questions The health report and the will must have the same date!
- Two witnesses to confirm the signature of person making the will (they do not have to understand the text, but choosing Turks as witnesses will save you the money for more passport translations).
- Title deeds, car/boat papers, if you want to be sure to bequeath certain properties to certain people.
- An official translator for your language
(Note: According to information provided in “Living in Turkey” by Pat Yale, residents in Turkey are entitled to dispose of all their assets – immoveable and moveable – while non-residents can only dispose of their immoveable property in Turkey. I cannot confirm this from my own experience translating wills in local notary offices)
Procedure and approximate cost
During a first meeting with the notary the details of the will are discussed and a date is fixed for the signature. The notary will then give the candidate a letter referring him/her to a doctor who has to certify the person’s soundness of mind.
All details (IDs of witnesses, passport translation, property details etc.) and the health report are delivered to the notary who writes the text of the will. That can take between one and two hours.
After everyone (notary, witnesses, translator and the testator) has signed the documents, copies are distributed to the testator, one copy is sent to the Foreign Ministry to be passed on to the testator’s home country, another copy stays at the notary office.
The total cost of a will (including translation fees and health report) should be between 400 and 500 YTL.
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