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Old 14th October 2013, 18:12   #1 (permalink)
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Including a Turkish Property in a Will

Hi everyone

Does anybody know what you have to do if you want to include your property in a will? I have a villa in Turkey and I have made a will in The UK. Although I've included the villa in a list I've made in my will here, I have a feeling it will not be enough for the beneficiary to take posession of it if I die. Any help will be appreciated. Thanks.

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Old 14th October 2013, 18:26   #2 (permalink)
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Re: Including a Turkish Property in a Will

Immovable property,comes under Turkish law,no matter what you have asked for/stated in your UK will.
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Old 14th October 2013, 22:48   #3 (permalink)
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Re: Including a Turkish Property in a Will

Make a turkish will too which should state the same as your other one but just remember that it should be in turkish and that it must follow turkish law, ie to wife and children for all property. Cash is treated as different, see older thread on here in the archives which gives you very good idea. Your Btrish solicitor will pron tell you that you dont need a second turkish one but in reality to make it easier and less expensive for those coming after you do it in turkish too.
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Old 14th October 2013, 23:17   #4 (permalink)
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Re: Including a Turkish Property in a Will

Your choice............

Do I need a will in Turkey?
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Old 14th October 2013, 23:26   #5 (permalink)
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Re: Including a Turkish Property in a Will

Search back to last weeks threads, and find the thread about 'British Consul meeting in Bodrum' & scroll down to my post outlining the topics discussed & you will see a paragraph about wills.This apparently is the latest information.
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Old 15th October 2013, 20:38   #6 (permalink)
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Re: Including a Turkish Property in a Will

I manage a Solicitors practice (I'm not a solicitor) and I discussed this with our Wills and Probate lawyer who did a bit of research for me.

A UK Will can cover worldwide assets and is valid in Turkey, whether the asset is immovable or not. Likewise, Turkish Wills are valid in the UK.

If you make a Will in the UK dealing only with your assets in the UK and then make a Will in Turkey dealing with only your assets in Turkey then there is a danger that the Turkish Will will supersede the UK Will and while dealing with Turkish assets will mean that UK assets are dealt with under the laws of intestacy, as all Wills render previous Wills void.

Her advice for those who do not believe this and insist upon having two Wills is to make a Will in Turkey dealing solely with Turkish assets and then, after the Turkish Will, make a UK Will that specifically deals with only UK assets and that states that a Turkish Will exists dealing with Turkish assets.
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Old 15th October 2013, 20:44   #7 (permalink)
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Re: Including a Turkish Property in a Will

Tom I would respectfully suggest your lawyer is entirely wrong.

Experience in 4 cases I know of has shown in Turkey immovable assets are dealt with solely in accordance with Turkish law.

A UK or any other foreign will ( German, UK and Dutch) made no difference whatsoever
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Old 15th October 2013, 20:50   #8 (permalink)
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Re: Including a Turkish Property in a Will

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Originally Posted by huggi2010 View Post
Tom I would respectfully suggest your lawyer is entirely wrong.

Experience in 4 cases I know of has shown in Turkey immovable assets are dealt with solely in accordance with Turkish law.

A UK or any other foreign will ( German, UK and Dutch) made no difference whatsoever
I've heard of but had no direct experience of similar stories. It should not happen, although I'm sure that it does.

Turkey has signed up to some agreement or treat or something (she did tell me, I was yawning by then) and shouldn't pick and choose what parts of it that it wants to adhere to.
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Old 15th October 2013, 21:20   #9 (permalink)
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Re: Including a Turkish Property in a Will

Tom Brophy, I agree with you 100%.
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Old 16th October 2013, 08:53   #10 (permalink)
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Re: Including a Turkish Property in a Will

immovable property in Turkey is subject to Turkish laws of intestacy ..there are no exceptions
this has been covered many times on the forum and still people doubt this.

once you get into a turkish Court for probate you can see how stringent they are in applying this law
yes you can make a will to say who you want your property to go to and this will be honoured but it will still apply the law which says that a proprtion of the estate is given to ' legal heirs'
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