Turkish Wills and Inheritance when Buying Property in Turkey

Turkish Wills & Inheritance 

www.oludenizhomes.com / info@oludenizhomes.com

Planning on purchasing property in Turkey?  First, take a look at our simple guide to buying property in Turkey?

Many people, once they visit Turkey on several occasions start to think about buying property in Turkey.  Some say they fell in love with Turkey so much, they purchased property whilst on Holiday.

Why? The answer is simple:- 

Cheaper properties, cheaper living, cheaper bills, cheaper food, Sun, sand, beaches, beauty, scenery to take your breath away, yachting tours around some of the most beautiful islands in the med, gourmet and traditional food.  As-well as all of the above benefits, Turkey still manages to keep the very old beautiful and quaint Turkish traditional feel among'st many of its towns and cities whilst incorporating the most modern state of the art restaurants, bars, shops and hotels.

Even more interested in buying property in Turkey?

Turkish law involving property you own upon death, can be quite different to other countries. It is important to be aware of Turkish Inheritance Law if you are planning on living in Turkey or owning property in Turkey.

The Turkish legal system is now integrated with the Continental European System, bringing in elements of the German, French, Swiss and Italian codes,  it is therefore important you understand the differences in inheritance law for immovable objects.  Owning a property in Turkey is classed as an immovable object (i.e you cannot move it or take it with you)

Property in Turkey is regulated and governed by Turkish law regardless of which nationality you are. If you own property and unfortunately die without having made a will and you are married, your Turkish property will be divided along the following lines:-



If you die without having made a Turkish Will - the following Law will apply

• If the property was in joint names, your spouse will automatically retain 50% of the property, 
• The first heirs are the children of the deceased and they will receive the other 50%
• However, if property is jointly owned the spouse will also receive 25% of the deceased share, reducing the childrens share to 25%.
• Children are the first heirs, if property is not in joint names children automatically receive 75% of the statutory share.
• If NO CHILDREN,  the parents of the deceased will inherit the 50% along with the parents offsprings i.e brothers and sisters of the deceased will automatically receive 25% of the statutory share.
• IF NO PARENTS are alive, the grandparents and offspring are the rightful heirs
• If there are no surviving next of kin, The spouse will receive everything.
• If there are no surviving heirs, the Turkish government keeps the property

Creating a Turkish Will

• To draw up a Turkish Will, it has to be in the form specified by the Turkish Civil Code.  A foreign will does not comply with Turkish Law and may be invalid.
• You must be 'of sound mind' and over the age of 15
• The will can be hand written, official form or verbally before a Turkish Notary or Justice of the Peace (A Judge) with two witnesses.  If verbally, a holograph will then be written in the testators handwriting and given to the court for safe keeping.
• Official wills give you more security as they are executed before officers and less likely declared void after death.
• An official will is held and preserved at the notary public offices or the civil court judge
• A copy may be provided on demand.

Please Note:  Wills can be revoked for many reasons upon death.  Seek the advice of a lawyer if a Turkish Will was executed and held at the notary public or civil court.

As parents you may wish your children to inherit the property while you are still alive.  This can be done, however both parents must be married and the parents can still manage the property whilst still alive, or the parents can appoint a 3rd party to manage the property.

Turkish Laws are complex and sometimes difficult to understand. As you can see the Law is in favor of protecting the extended family when it comes to death whilst owning property.  

Overall the choice is yours.

1. No will - Leave the split of property to Turkish Law dividing property between extended family.
2. Create a will - gain power of what happens to your property.

Now that you understand a little about Inheritance and Wills in Turkey, if you require further information regarding buying property in Turkey,  please do not hesitate to contact us at 

info@oludenizhomes.com

or Visit our website www.oludenizhomes.com

We would be more than happy to assist you with any questions you have.

Oludenizhomes