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INHERITANCE LAW IN TURKEY

Wills & Testaments in Turkey

A will must be assessed for form, capacity, applicable law, content and its interaction with protected inheritance rights.

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THE SHORT ANSWER

A will must be assessed for form, capacity, applicable law, content and its interaction with protected inheritance rights. A foreign will is not necessarily invalid, but it is not automatically effective for every Turkish asset.

01

Preserve the original and identify the full instrument

Collect all versions, codicils and evidence of where and when the will was made. A later document may affect an earlier one. Translation should not obscure names, asset descriptions or the role of witnesses and officials. Under Turkish conflict rules, the form and the maker’s capacity can raise different legal questions. Do not assume that a notarised signature cures every issue in the will.

02

Separate opening the will from defeating a challenge

Submission or opening of a will does not guarantee that all dispositions will be enforced as written. A dispute may concern capacity, coercion, form, interpretation or reserved portions. Time limits depend on the claim. For planning, coordinate Turkish assets with existing foreign arrangements to avoid unintended revocation or contradictory instructions. Advice should address the actual family and asset structure.

03

Different assets can raise different legal questions

Article 20 of Law No. 5718 generally links succession to the deceased’s national law, while Turkish law applies to immovable property in Turkey. Other issues, including opening, acquisition and partition of the estate, have their own connecting rules. A foreign probate appointment or European document therefore should not be treated as automatic authority over Turkish property. Eligibility to hold land and registry restrictions must also be checked for a foreign heir.

04

From heirship to usable ownership

The practical sequence may include recording the death, proving family links, obtaining an inheritance certificate, investigating assets and debts, addressing tax formalities, registering property and arranging distribution. A dispute about heirship, a will, lifetime gifts or possession may require a separate claim. Co-heirs should not assume that one heir can sell the whole property. Agree representation and authority in writing, and distinguish a lawyer’s mandate from authority granted by other heirs.

PREPARE FOR A USEFUL FIRST REVIEW

What documents do I need?

Use this list to prepare. Keep sensitive originals for the agreed document channel.

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Can this process be handled while you live abroad?

Many certificate applications, authorised enquiries and registry steps can be managed by a lawyer under an appropriate power of attorney. Court requirements, disputes and the formalities of a proposed sale may create additional steps.

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FREQUENTLY ASKED QUESTIONS

Your questions, answered.

Can I use my foreign will for a house in Turkey?+

It may be relevant, but form, capacity, applicable succession law and protected shares must be reviewed before its effect is confirmed.

Can a foreigner inherit property in Turkey?+

Foreign nationality does not by itself exclude inheritance. Applicable succession law, proof of heirship and restrictions affecting the acquisition or retention of land need separate review.

Does a foreign probate document transfer Turkish property?+

Do not assume so. The document’s legal character and the Turkish procedure must be assessed; further evidence, recognition or a Turkish inheritance certificate may be needed.

How long does an inheritance case take in Turkey?+

An uncontested document application differs substantially from a dispute involving missing heirs, foreign law, assets or a contested will. The file must be reviewed before giving a realistic estimate.

Sources & scope

Read the relevant current rules and institutional requirements. General guidance may not resolve a specific case; official Turkish texts govern where a translated explanation differs.

Turkish Civil Code — Law No. 4721Family, property and succession rules; see the provisions identified in this guide.Private International Law — Law No. 5718Applicable law, international jurisdiction, recognition and enforcement.Invest in Türkiye — Acquiring propertyOfficial practical guidance on foreign acquisition and property powers of attorney.HCCH — Apostille Convention, full textAuthentication of covered foreign public documents, not validation of their substantive content.

This guide does not constitute a case-specific opinion, a result guarantee or an agreement to represent you. An enquiry does not suspend a deadline. The scope and fee of any legal work must be agreed with the lawyer.

YOUR NEXT STEP

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