The Problem
You own assets in Turkey and want to ensure they are distributed according to your wishes after death. However, Turkish inheritance law includes forced heirship rules that reserve specific shares for certain heirs — you cannot simply leave everything to one person if you have a spouse or children. Additionally, a will that is valid in your home country may not be recognized in Turkey if it does not meet Turkish formal requirements.
How the Law Works in Turkey
Wills (vasiyetname) in Turkey are governed by TMK Articles 531–544. Three valid forms: official will (resmi vasiyetname) made before a notary with two witnesses; handwritten will (el yazılı vasiyetname) entirely handwritten, dated, and signed by the testator; and oral will (sözlü vasiyetname) for emergency situations only. Forced heirship (saklı pay): surviving spouse receives minimum 1/4 of the estate; children share minimum 1/2 equally; parents receive 1/4 each if no children. The testator can only freely dispose of the remaining "disposable portion" (tasarruf edilebilir kısım).
What the Tourist Should Do
Determine which assets are subject to Turkish law (real property in Turkey always follows Turkish inheritance law). Calculate forced heirship shares and the disposable portion. Choose the will format: notarial (most secure for foreigners) or handwritten. If making a notarial will, attend a Turkish notary with two witnesses and a sworn translator. Consider making separate wills for assets in different countries. Review the will periodically, especially after major life changes.
The Risks
A will that violates forced heirship rules can be partially invalidated by reserved heirs within one year of learning about the violation. Handwritten wills not entirely in the testator own handwriting are void. Wills made under duress, fraud, or while incapacitated can be challenged. Having multiple conflicting wills in different countries can create serious estate administration problems. Failure to plan for Turkish inheritance tax can result in heirs receiving significantly less than intended.
LetFix Solution
LetFix assists foreigners with estate planning in Turkey. Our inheritance lawyers draft valid wills, structure cross-border estate plans, navigate forced heirship rules, and ensure your assets are distributed according to your wishes within the bounds of Turkish law.
