teresa

The legal side was done through Koray Atak who wrote the will according to our wishes and supplied the English/Turkish translations and it was then Notorised. We did supply photographs, passport, names and addresses of beneficiaries. We provided a copy of the TAPU but I think that was only for ease of reference and it was returned. The will is worded to include "properties" in case we buy more (unlikely) or move home.

There is not really a lot of difference in the structure to the UK will, it more or less says the same thing but there are some Turkish influences such as "immoveables".

The notary fee was paid directly to them and the fee to Koray went to him directly. Perhaps you could use an existing will and get it translated but for the price difference it seemed better to get one written properly.

As I said we have done it but I am still not too sure about wills.

juco

This debate will go on for ever asto what is the best thing to do. I would only add that even in the UK it can take months for a will to be sorted out so why the panick if thats also the case in Turkey.

As for the `bank` still being frozen again there are similar problems in the UK, if for example you pass your house to your sons/daughters in the uk, if they are liable for inheritance tax they MUST pay this before they get to sell the house, they can`t sell the house and then pay the inheritance tax, so that could involve them taking bank loans in the initial stages.

There are lots of pitfalls in the uk but we seem to give more attention to our wills in Turkey and at the end of the day a UK will be legal in turkey and in most countries around the world, it all depends on where your are domiciled.

Bibby

We have a UK will (made it in 1982), and now a Turkish will. I was given to understand it is necessary and any UK will would not be recognised here.

teresa

To be honest that is the only thing I feel sure is not the case and our solicitor told us our UK will was not valid in Turkey when we moved over as we only made our UK will a fortnight before we left the country. I think it can be processed through the courts but this is where the big time delay comes in. I admit that for finacially well-off people this may not be a problem but contrary to popular belief we do not all have mega-bucks and some of us need our pensions etc.

Perhaps we have been lucky in the UK because when my parents died the wills were virtually immediate with very little wait at all, just a few weeks. We were certainly not aware that the joint account could be frozen for months in Turkey so it did assist us to make other plans.

Turkish wills can take years and years to execute and that is what I am hoping we have avoided. As I said previously the main purpose for us is to hopefully make things easier for the remaining partner and have everything in place. We also used the wills to make it known that if we died in Turkey we wish to be buried there.

DtB

What I find quite horrifying with the Turkish system is that there appears to be no way, even if you make a Turkish will, that you can ensure that your surviving spouse gets all your assets when you die.

Given a situation in which a couple have bought a property in Turkey, jointly, and don't have kids it would seem that 50% of the deceased's estate goes to the surviving spouse and the remainding 50% would go to the parents of the deceased. If the parents are already dead, then the 50% goes to the deceased's siblings, if they are already dead, then the 50% goes to nephews and nieces and there's no way you can avoid this.

Is this a correct understanding of the situation?

Yours in confusion........................

teresa

As it was explained to us, even if you leave a Turkish will anyone you choose to leave out who would have a claim in Turkey can contest the will. However, this is probably the same as in the UK.

You are right that the wife is not top of the list which is why we have made the will and we are led to believe that unless anyone kicks up a stink it will be honoured.

Here is a site with a list that is supposed to give the priorities:

http://www.globalpropertyguide.com/...Inheritance#law

DtB

Tkx for the link..................... It seems to confirm my worst fears but I'll have a chat to our Turkish Notar next week and see what he has to say for himself. Hoping to be out again in June so will probably try and get something sorted then.

juco

The only people in Turkey that I know of that say get a Turkish will (or subtly advise you it will be better) are those that stand to make some money from it.

My information comes from a company that specialises in wills and inheritance tax and are bound by uk laws and governing bodies to ensure proper information and practices are adhered to when dealing with their clients. If they are unsure of anything regarding `other `countries then it is clarified by a group of international lawyers who will specialise in certain countries. They can`t afford to get it wrong as they would be sued beyond belief.
It might make life a little easier in Turkey butthey are adament that your uk will is valid.

As I said earlier this debate will never be concluded, it is best to get specialist advice (not hearsay). To compare, and I am just generalising, but the average `lawyer` in Turkey is a waste of time when compared to the UK and your normal UK lawyer is not generally qualified to deal in inheritance and/or wills, so where does that put the average Turkish lawyer? He will put your wishes down on paper and if it all goes wrong then it was you who told him what you wanted.

They do the same thing when doing a contract for buying a house, only what you want in the contract goes in and if you don`t know what to ask then its your fault as many have found to their cost.

Anyhow I am now staying off this topic as it will go on for ever.

Bibby

I have a book. It is called "Buying a property in Turkey". It is by John Howell & Tim Locke, The Sunday Times (Cadogan Guides). Lots of interesting and useful info...

It says your English Will will do the job but the cost of implementing an English Will is much higher than the cost of implementing a Turkish Will and "the disposal of our estate, as set out in your English Will, is often a tax disaster in Turkey. If you are a resident in Turkey you should make a Will disposing of all of your assets wherever they are."

Maybe anyone interested to get a pretty comprehensive book, this'd be the one. We found it to be very informative.