Creating a will is a significant legal act that determines how a deceased person’s assets are distributed. In Turkey, the regulations regarding the creation of a will are especially relevant for foreigners, as an increasing number of people choose to spend their retirement or part of their lives in this country. This article provides a comprehensive overview of the legal framework for creating a will in Turkey, with a focus on foreign nationals.
Legal Foundations for Creating a Will in Turkey
The creation of a will in Turkey is governed by the Turkish Civil Code (Türk Medeni Kanunu, TMK). However, for foreigners, it is important to note that International Private Law (IPL) also applies. The IPL determines which law is applicable to the validity of a will.
What Laws Apply to Foreigners?
Typically, the personal law of the testator applies. This means that the law of the country of which the testator was a citizen at the time of death governs the form and content of the will.
- Important Exception – Real Estate in Turkey: Special regulations must be considered when inheriting real estate in Turkey. Foreigners can own property in Turkey, but there are specific provisions regarding the inheritance of such assets. It is advisable to seek legal advice to ensure that all legal requirements are met.
Types of Wills in Turkey
Turkish law recognizes three main types of wills:
- Notarial Will: This is the most formal and secure type of will. It is notarized by a notary, which makes it particularly legally binding. The notary ensures that all legal requirements are met.
- Holographic Will: This is a hand-written will that must be signed and dated by the testator. It does not need to be notarized. To ensure its validity, this will should comply with the legal requirements.
- Oral Will: Such a will is only valid in Turkey under exceptional circumstances, for instance, if the testator is in an extraordinary emergency situation. This type of will is only recognized if it was made under specific conditions and meets particular requirements.
Requirements for Creating a Will
For a will to be valid in Turkey, several essential requirements must be fulfilled:
- Legal Capacity: The testator must be at least 15 years old and mentally competent. Younger or mentally impaired individuals cannot create a will.
- Voluntariness: The will must be created voluntarily and without coercion. A will made under pressure or deceit may be declared invalid.
- Formal Requirements: Depending on the type of will, certain formal requirements must be observed. For instance, a holographic will must be entirely hand-written and signed by the testator.
Content of a Will
A will should be clear and unambiguous. Generally, the following points should be addressed:
- Heirs: Who should inherit the estate?
- Shares of the Estate: How should the shares of the estate be divided?
- Legacies: Should anyone receive specific items or amounts?
- Execution Provisions: Who should execute the will?
Translation
If a will is drafted in a language other than Turkish, a certified translation is usually required.
Necessity of a Lawyer
Creating a will is a complex matter. Therefore, it is highly advisable to consult a lawyer. A lawyer can assist in choosing the appropriate form of will, checking compliance with formal requirements, and ensuring that your wishes are accurately documented.
Special Considerations for Foreigners
Foreigners should pay attention to the following points when creating a will:
- Permanent Residence: Where is your permanent residence located?
- Property Ownership: Do you own property in Turkey or other countries?
- Dual Nationality: Do you hold the nationality of multiple countries?
Practical Tips for Creating a Will in Turkey
- Legal Advice: It is highly recommended to consult an experienced lawyer in Turkey who is familiar with international inheritance law. This will help in creating a legally secure will and ensuring compliance with all relevant legal requirements.
- Translations: If the will is drafted in a language other than Turkish, a certified translation should be prepared. This is particularly important to ensure the validity of the will in Turkey.
- Storage: The will should be kept in a safe place, and key individuals, such as the executor or family members, should be informed of its location.
Conclusion
Creating a will in Turkey for foreign nationals involves navigating various legal requirements. Careful planning and legal advice are essential to ensure that the will reflects personal wishes and complies with legal provisions. By consulting with legal experts and adhering to necessary formalities, foreign nationals can ensure that their testamentary intentions are properly executed and respected.
