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Turkish Inheritance Law - ADMD LAW

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Although Turkey is not yet part of the EU, strong indicators point to it being only a matter of time. Leading up to the decision and then even after it, foreign purchasers of real estate property might assume that laws regarding inheritance, may be less complicated than the rules of today - this is far from the truth and all foreign real estate buyers of Turkish property are strongly advised to have a will established by a reputable, established law firm in Turkey.

Turkish Wills are very different from those in for example the U.K. and, although U.K. wills are recognised for property assets owned in U.K, proving inheritance rights through the Turkish system can be lengthy, expensive and can sometimes result in failure.

Consider this scenario: You have purchased your dream home in Turkey and something happens to you. Your dependants are left with most likely an amended will from your country of residence. This is perfect for property purchased in your own country of residence but not for property purchased in Turkey.

So you have left your dependents with a host of legal issues and the burden of cost. Not only that but they may have to prove to the Turkish courts that they are actually your dependents and are entitled to inherit the property you have spent thousands of euros saving for.

Now consider this scenario: You have purchased your dream home in Turkey and by spending a few extra euros you can have a legal Turkish Will established by reputable and experienced Turkish lawyers, and, most importantly your dependents have a "local point of contact" leaving you with complete peace of mind.

If you have purchased a property with for example your partner in Turkey and your death occurs without having made a legal Turkish Will, one quarter of the property will pass to you in accordance to Turkish law, meaning, three quarters of the assets to your children. If you do not have dependents this causes further problems if a legal Will has not been established.

In addition some Turkish courts have issues on whether or not to apply inheritance laws to foreign nationals not currently living in Turkey. So in essence if you or your partner has for example U.K. citizenship, the U.K. law system will come into effect but only for your U.K. property, not for your property in Turkey!

Main rule of thumb: Turkish Wills require a great deal more information than those in for example the U.K.