Making Will in Turkey & Turkish Inheritance Law

We understand the importance of planning for the future, especially when it involves your real estate investment in Istanbul. If you’re an expatriate contemplating your legacy and aiming to avoid any complications for your heirs with Turkish bureaucracy or language barriers, we’re here to guide you through the process of Making Will in Turkey.

A will is a crucial document that outlines your final wishes regarding the distribution of your assets, including your Istanbul Property. It’s a declaration that ensures your estate is managed according to your desires upon your passing.

Legal Prerequisites for Making Will in Turkey

To create a will in Turkey, one must be at least fifteen years of age and possess the mental capacity to make discerning decisions. There are specific legal form requirements that must be adhered to, and it’s important to note that one cannot dispose of their estate freely without considering the legally protected shares of compulsory heirs.

Choosing the Right Will as a Foreigner

Under the Turkish Inheritance Law, there are three recognized forms of wills: official, handwritten, and oral.

• Handwritten Wills: These must be entirely written by the testator, dated, and signed. Once completed, they can be entrusted to a friend or an official body for safekeeping.
• Oral Wills: These are reserved for exceptional situations where writing a will is not feasible, such as imminent danger of death. The testator’s wishes must be declared to two witnesses who then document these wishes.

However, due to the potential for disputes, the most recommended form for expatriates is the official will, which is created in the presence of a legal official.

The Process of Creating an Official Will in Turkey

An official will is drafted with two witnesses and a legal official, such as a judge or notary public. For expatriates, this typically involves visiting a notary with two Turkish citizens as witnesses, a sworn translator, and the necessary documentation. If you’re not proficient in Turkish, the presence of an interpreter is essential.

It’s also important to note that the official or witnesses involved in the will’s creation, as well as their immediate family and spouses, cannot benefit from the will.

Upon completion, you’ll retain one copy of the will, another stays with the notary, and a third is sent to the Population and Citizenship Directorate.

Required Documents for Will Creation

• Translated copy of your passport and residence permit (if applicable)
• Turkish ID cards of the witnesses
• Title deed copies of the properties included in the will
• Passport/ID copies of your heirs
• Four biometric photos
• Your Turkish tax identification number
• A medical report may be requested for those over 65 to ensure mental fitness

Execution of the Will

Upon the testator’s death, the will is forwarded to a judge who will issue the certificate of inheritance, opening the will for execution. This process ensures the distribution of assets as per the will and protects the reserved shares as outlined in our article on Turkish Inheritance Law.

It is indeed very distressing to have to bring up the subject of the last wish. However, it is important to re-emphasize that the Turkish legal system is part of the continental European legal system, and to address this issue to prevent deceptions, we have tried to provide information. Knowledge is power. For the most accurate information, continue to follow Estates Istanbul.

For any inquiries regarding inheritance in Turkey, Estates Istanbul invites you to consult with our expert legal team, proficient in English, Russian and Chinese to guide you through every step of securing your legacy in Istanbul.