Preparing a will as a foreigner in Turkey can be complex. This guide explains the legal requirements and how inheritance laws apply to foreigners.

What is a Will and How Does It Work for Foreigners?

A will is a form of testamentary disposition, meaning it is a unilateral declaration by the testator to appoint heirs or leave specific assets to individuals after death. The validity of a will depends on fulfilling certain formal requirements. However, when foreigners draft wills, issues of foreign elements arise, creating a separate legal matter under Turkish law. This article discusses the regulation, validity, and consequences of wills made by foreigners in Turkey, governed primarily by the Turkish Private International Law (MÖHUK) Article 1.

1. Who Has the Capacity to Make a Will?

The testator’s capacity is determined by the law of their nationality at the time the will is made. If a foreign person is considered capable according to their national law, Turkey recognizes that capacity in relation to the validity of the will.

2. Which Law Governs the Form of the Will?

The applicable law regarding the form of the will may vary: it can be the law of the country where the will is made, or the testator’s national law. However, substantive law—especially concerning the content of the will—is usually determined by the testator’s nationality. An important exception exists regarding immovable property located in Turkey: Turkish law applies mandatorily.

3. How is the Heir Determined?

The appointment of heirs in a will is subject to the testator’s national law. The question of whether the person appointed in the will qualifies as an heir depends on the law of the deceased’s nationality.

4. How Does Acceptance or Renunciation of Inheritance Work?

The acceptance or renunciation of inheritance is governed by the testator’s national law. This also applies to which assets can be inherited and the procedures heirs must follow in either accepting or rejecting their share.

5. How is a Will Discovered and Executed?

The will must be delivered to authorized officials to be opened and executed after the testator’s death. If the will is official, the responsible officer must keep the original safely. Handwritten wills may be submitted to a notary, authorized officer, or magistrate. Oral wills require witnesses and prompt submission to the court.

Turkey is a party to the European Convention on the Establishment of a European Procedure for the Service of Wills, which streamlines these processes, ensuring fast and proper execution. The Turkish Notaries Association is the competent authority for this procedure.

6. Can Movable and Immovable Property Be Bequeathed?

Testators may include movable and immovable assets in their wills without limitation. However, regardless of the foreign law applied in other matters, Turkish law always governs immovable property located in Turkey, in line with sovereignty principles.

7. Are There Restrictions on Foreigners’ Property Ownership Through Inheritance?

Although foreigners can inherit movable and immovable assets, Turkish law imposes limits on the amount of real estate foreigners may own. Article 35 of the Turkish Land Registry Law No. 2644 sets out these restrictions. These limits apply equally to inheritance cases, but the President has the authority to extend these limits.

8. Are There International Agreements Governing Wills and Inheritance?

Numerous international treaties protect the rights of foreigners regarding wills and inheritance to ensure the testator’s wishes are respected regardless of location. Important treaties Turkey is party to include:

• The Hague Convention on the Form of Wills

• European Convention on the Service of Wills

• Convention Abolishing the Requirement of Legalisation for Foreign Public Documents

9. Can Foreigners Obtain a Certificate of Inheritance in Turkey?

Yes. Foreign nationals can apply to Turkish civil courts for a certificate of inheritance (veraset ilamı). Turkish law does not restrict foreigners from acquiring such legal documents.

10. How Are Inheritance Disputes with Foreign Elements Handled?

Inheritance disputes involving foreign elements are subject to the Turkish Private International Law (MÖHUK). According to Article 43, courts with jurisdiction are those in the deceased’s last place of residence in Turkey, or if none, where the estate’s assets are located.

Foreigners who have property or heirs in Turkey must understand how Turkish inheritance laws interact with foreign laws. Proper legal advice and correctly prepared wills help ensure that your final wishes are fulfilled in accordance with both Turkish law and your national law.

If you have any questions about wills, inheritance, or legal issues involving foreigners in Turkey, please contact our office for expert assistance.

Atty. Elif Rumeysa MERMER