FORUM
  Home
  Forums
  Photo Gallery
  TLF Donations
  Forum Rules
  Register
  LINKS
  Property Buying Guide
  Property Rentals
  Cheap Flights
  Didim Google Map
  Weather Station
  Classified Ads
  Egyptian Living Forum
  FUN
  Arcade Games
  Daily Crossword
  Jen's Chat Room
  Lira Exchange Rates
  1.00 (GBP)=
  1.00 (EUR)=
  $1.00 (USD)=
  rates from coinmill.com
Old 4th September 2007, 00:06   #1 (permalink)
QPR MAN
 
barry budd's Avatar
 

Thanks: 59
Thanked 221 Times in 97 Posts
barry budd is a jewel in the rough barry budd is a jewel in the rough barry budd is a jewel in the rough
inheritance law in Turkey

Thought this might be interesting
laws on inheritance in turkey



Inheritance law in Turkey


Property and money left by a deceased person are divided among close relatives as stated in the Civil Code. Persons with such rights of inheritance are called heirs in legal terminology. According to the provisions of the Civil Code, the first heirs of a deceased person are his children. If the deceased has no children, his parents are his heirs. If his parents are no longer alive, their children become his heirs. The least of a deceased person's heirs among his close relatives are his grandparents and their offspring. If the wife or husband of the deceased is included with his children in the sharing of the inheritance, then he or she has the right of one-forth. A spouse who is sharing the inheritance with the deceased's father, mother, and their offspring has a right to half of it. A spouse who is sharing the inheritance with the deceased's grandfather, grandmother, and their offspring has a right to three-fourths. If none of the deceased's next of kin survives, the entire estate goes to his surviving spouse. If the deceased leaves no surviving heirs, his estate becomes the property of the State. An heir is liable for all the debts and eligible for all the credits of the deceased person. In some cases, the wealth left as inheritance may not be sufficient to cover the debts of the deceased. An heir who wishes not to be liable for the debts may disclaim the inheritance be applying to a court within three months of the death.


Will law in Turkey

A person who has completed fifteen years of age and having full mental capacity can make a will within the limits and the form which are specified by the Civil Code. In case of error, fraud or duress, the will is not valid. A will may be executed in official form, in handwriting, or orally. A will executed in official form will be made in the presence of a notary public or a justice of the peace in accordance with certain formal conditions, and the final text will be signed by two witnesses. A will executed in handwriting must include the place, day, month, and year in which it was made and must be written entirely in the testator's handwriting and include his signature. A will prepared in this way will be given to the court or to the notary public for safekeeping.

Reserved portion law in Turkey

A person is free to make testamentary dispositions in preparation of a will within the limits set by the Civil Code. Articles 452-453 of the civil Code guarantee a portion of the will as the rights of offspring, father and mother, brother and sister and surviving spouse. According to this, A) the reserved portion and legal inheritance right of offspring is 75% B) the reserved portion of inheritance for father and mother is 50%. C) The legal inheritance right for every brother and sister is 25%. D) If the surviving spouse shares inheritance in other situations but no with children, the reserved portion is 50% of the legal inheritance right. E) If the deceased person leaves some wealth to an association which is working for public benefit or to a foundation which has tax exemption, in those cases reserved portions are 2/3 of the amount mentioned above.
__________________
__________________
dont worry be happy

Last edited by barry budd; 4th September 2007 at 00:09.. Reason: mistake
barry budd is offline send PM Reply With Quote
Old 4th September 2007, 09:18   #2 (permalink)
Senior Member
 

Thanks: 67
Thanked 48 Times in 36 Posts
Montemaranne is a jewel in the rough Montemaranne is a jewel in the rough Montemaranne is a jewel in the rough
Re: inheritance law

Thank you Barry. This is so different from Germany where the estate immediately goes to the remaining spouse, followed by any children, and only then by parents. I think this really underlines the need to make a will in respect of property owned in Turkey.
Montemaranne is offline send PM Reply With Quote
Old 4th September 2007, 10:10   #3 (permalink)
Senior Member
 
shirleyanntr's Avatar
 

Thanks: 19,355
Thanked 20,454 Times in 6,994 Posts
shirleyanntr has disabled reputation
Re: inheritance law

nice clear article Barry

yes it is so different to the uk also...you can make a will and leave your property in its entirety to whoever you want..not so in Turkey
i believe that in Turkey even if there is a will leaving everything to the spouse..the children and parents and siblings can still make claims..under the reserved portion law.
__________________
Comment is free but facts are sacred.
shirleyanntr is offline send PM Reply With Quote
Old 4th September 2007, 21:49   #4 (permalink)
Senior Member
 
captain's Avatar
 

Thanks: 629
Thanked 241 Times in 160 Posts
captain is a jewel in the rough captain is a jewel in the rough captain is a jewel in the rough
Re: inheritance law

My understanding is that a properly made UK will would also include property in Turkey, as the advice below. (This would obviously assume you were still resident in UK):-

Q7: Do I need to do a will for my property in turkey?

Yes, this is advisable. Under Turkish Inheritance Law the inheritance of property by a foreign national is dependent on reciprocity between the two countries involved. As Turkish nationals can inherit property in the UK, UK citizens can also inherit property in Turkey. If you have no will, your next of kin will automatically inherit the property (usually your children). If you wish to leave your property to someone other than your next of kin, you should make a will in the UK specifying this


Doug
captain is offline send PM Reply With Quote
Old 8th May 2008, 11:21   #5 (permalink)
DtB
Senior Member
 
DtB's Avatar
 

Thanks: 87
Thanked 86 Times in 62 Posts
DtB will become famous soon enough
Re: inheritance law

But I don't believe there is any way that you can leave the whole of your property tho' to each other if there are surviving relatives on one side however distant.

In my case, we bought our apartment 50/50 and should I die, my parents being dead likewise my only sister, I believe that my sister's kids (my nephews and nieces) would inherit 25% between them.

Is this a correct assumption? If so, I find it heavy...............
__________________
Absinthe makes the heart grow fonder
DtB is offline send PM Reply With Quote
Old 8th May 2008, 11:58   #6 (permalink)
Senior Member
 
shirleyanntr's Avatar
 

Thanks: 19,355
Thanked 20,454 Times in 6,994 Posts
shirleyanntr has disabled reputation
Re: inheritance law

Hi DtB..did you mean the law in the UK or in Turkey?
in the uk you can leave you entire estate to a dogs home if you wish..and it will be upheld.
İn Turkey its a different matter even with a will (vasiyet) ..which is probably why so few people make a will.
__________________
Comment is free but facts are sacred.
shirleyanntr is offline send PM Reply With Quote
Old 8th May 2008, 12:15   #7 (permalink)
Senior Member
 
kaplumba's Avatar
 

Thanks: 700
Thanked 1,960 Times in 803 Posts
kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute
Re: inheritance law

That was an informative post and I don't think I spotted it when Barry first wrote it. I tried to make a will last year but the notary who I think seemed very anti foreigner was making the whole thing very difficult and I walked out.
All I wanted to do was leave my Turkish house to my children and husband and neither they or I mind what the shares are. My kids are over 18 with no wives or kids (I realise that may change one day). I have no other living relatives at all and the house is in my name only. So if Barry's post is correct the house would go to them anyway. I'm starting to wonder if there is any point making a will. I'm wondering also that due to the huge cost involved do many Turks bother or is it a case of one price for them and another for us yet again.
kaplumba is offline send PM Reply With Quote
Old 8th May 2008, 12:39   #8 (permalink)
Senior Member
 
shirleyanntr's Avatar
 

Thanks: 19,355
Thanked 20,454 Times in 6,994 Posts
shirleyanntr has disabled reputation
Re: inheritance law

Hi Jane
you are right that most Turks dont leave a will because in Turkish Law there are 'legal shares ' regardless of what the will says..i think this must be based on Sharia Law originally...
if you dont leave a Notarised Will your family will have to go through the courts and pay a fortune...and both signatories on the Tapu should have the
will notarised together and approved by the Court.
__________________
Comment is free but facts are sacred.
shirleyanntr is offline send PM Reply With Quote
Old 8th May 2008, 12:58   #9 (permalink)
Senior Member
 
kaplumba's Avatar
 

Thanks: 700
Thanked 1,960 Times in 803 Posts
kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute kaplumba has a reputation beyond repute
Re: inheritance law

'if you dont leave a Notarised Will your family will have to go through the courts and pay a fortune'

I thought that would probably be the case. I'll have to treck off to Marmaris or Bodrum then as the notare in Datca was about as much use as a chocolate teapot and very pricey. However I suppose if I pop my clogs before I manage to make one at least they will get the house even if they have to jump through a few more hoops.
kaplumba is offline send PM Reply With Quote
Old 30th July 2008, 12:26   #10 (permalink)
New Member
 
Goshya's Avatar
 

Thanks: 0
Thanked 0 Times in 0 Posts
Goshya is on a distinguished road
Re: inheritance law

Hi guys,

You seem to know very well what you're talking about. Therefore i'd like to ask you for an advice.
My bf has turkish citizenship but as he's been living in UK for 20 year he's never renewed his passport as he got a british one. Do you think that in this situation he still got right to the land he's inherited? And one more question.. does he need to got o Turkey and take care of that himself or could he just have a representative?

Thanks.
Goshya is offline send PM Reply With Quote
Reply

Tags
inheritance , law , turkey



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Help needed - claiming inheritance in Turkey jakkigers Births, Deaths & Marriages 29 15th October 2011 10:14
Who Gets It ? - Inheritance in Turkey David OWEN Bodrum Forum 5 21st June 2011 19:13
Inheritance law ayse Births, Deaths & Marriages 6 2nd October 2008 08:37
Inheritance immac Turkish Legal Helpdesk 3 28th August 2008 08:52



All times are GMT +1. The time now is 03:40.
TurkishLiving.com tested by Norton Internet Security TurkishLiving.com tested by McAfee Internet Security
Powered by vBulletin® Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.
Style Provided By: Wrestling Clique - Wrestling Forums
TurkishLiving.com


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156