Turkish Wills - Some Myths Dispelled

Many of us may have had experience of the British legal system at some time - one of the most common branches of law is Conveyancing (the buying and selling of property).
Turkey too has a perfectly good Legal System in place with some of its legal procedures not being too dissimilar to those in the UK.

However whilst the British Legal System is hundreds of years old, and is well established - by comparison, the Turkish Legal System is still in its infancy.

Historically it came into being in 1923 when Mustafa Kemal Ataturk created the Turkish Republic and decided that the existing aged system of Ottoman Law did not fit his vision of Turkey's future.

What is probate?

When a person dies, their “Estate” comprises those possessions left behind. These cannot simply be left un-owned so somebody has to deal with them. This involves passing on ownership of any property; collecting all monies, paying outstanding debts, and then distributing the remainder to those people entitled to it.

Probate is a Court’s authority, given to a person (for example a Solicitor or Executor, in the UK), to administer a deceased person’s estate.

Dying Intestate

This means to die without leaving a Will so Intestacy Rules become applicable. These can be extremely complex, time-consuming, laborious and very costly. Dying intestate results in a much heavier burden being placed on the bereaved family to deal with matters.

Dying Testate

This means that a person (the Testator) has prepared a document (a Will) recording their wishes as to how they want their Estate to be administered after their death.

In the UK, all Wills nominate an Executor - this is either a person appointed by the Testator whom they trust to administer their wishes in accordance with their Will - or perhaps the solicitor with whom they made their Will.

In Turkey, instead of an Executor, all Wills are approved by a Court BEFORE they can be administered. Court approval can only be obtained by instructing a Turkish avukat (solicitor) to do so. Once a Will has received Court approval, the Avukat can then implement the procedure for transferring the property to the nominated beneficiaries, and arrange for collection and distribution of all finances.


Some Questions and Answers

Q: If I die, will the Turkish Government take my property?

A: If you die Intestate but have surviving bloodline e.g. spouse, children, parents, siblings etc., your Estate will pass to them. If you have no bloodline left, your Estate will pass to the Turkish Government. (NB: the same provisions apply in the UK - if no valid person claims the Estate, it passes to the UK Treasury)



Q: Can I make a Will in Turkey even if I don’t yet have my TAPU (Title Deed)?

A: Yes, either a copy of your Sales Contract can be placed with your Will as this will specifically identify your property details - until your TAPU is received - or the Ada No. and Parsel No. information can be obtained from this document and inserted into your Will.



Q: If I die, will everything I own pass automatically to my husband/wife?

A: Under Turkish Law, no. If this is your wish, then it is prudent to make a Turkish Will stating this.



Q: I have a British Will - is this sufficient to cover my Estate in Turkey?

A: A British Will needs to be translated and notarised in readiness for placing before a Court for approval.

Due to the vast differences in the Turkish and English languages and “legal-speak“, much can be “lost in translation” - and also in legal interpretation as many of the provisions, and legislation, in British Probate Law which do not apply under Turkish Law.

Therefore there is no substitute for having a Turkish Will.



Further information can be obtained via: info@wit-didim.com