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Old 26th April 2015, 09:01   #1 (permalink)
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Will writing

Does anyone have any advice as to making a will in Dalyan? Is this possible or would we have to go to Ortica?
If so, has anyone any recommendations?
We have a property in Dalyan but the tapu is only in my name & not joint names with my wife.
Thanks in advance Mick
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Old 26th April 2015, 09:18   #2 (permalink)
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Re: Will writing

It's something I want to get sorted also mick ,we are just buying at present .
We had a property in north cyprus which works similar to Turkey .
In that instance we had a prepared universal will expats used.
Then it was as easy as signing I front of the notary in town and taking it yourself to the land registry where it was was stamped and a small fee paid .
I am hoping this is something as easy .

May be somebody has a blank and you insert the names and can do it ourselves ?

Dave
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Old 26th April 2015, 10:09   #3 (permalink)
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Re: Will writing

We did ours in Altinkum .
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Old 26th April 2015, 11:59   #4 (permalink)
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Re: Will writing

Yes you can have a will prepared and signed by a notary..

The Turkish law concerning wills is not complicated so long as you follow the basic and number one rule that:- In Turkey, immovable property is subject to Turkish laws of intestacty.

3. Intestacy
(a) Turkish law of succession applies a parental system. If the deceased fails to make a will or otherwise fails to provide for the distribution of their estate at death, it will be distributed among their next of kin.

For this purpose, the blood relatives of a deceased person are divided into groups which are called parental. The first parental consists of the descendants of the deceased, the second of their parents and their descendants, the third of their grandparents and their descendants and the fourth is the Turkish State.

The following rules apply to the operation of this system:

First, as long as one member of a parental is alive at the time of death of the deceased, the other parental groups’ rights over the estate are automatically eliminated. Thus, if the deceased has one child alive, then the parents or grandparents of the deceased will receive nothing and the estate will remain in the parental group of the children.

Second, among the members of each parental those nearest in degree to such parental have priority over those in any following groups of parentals. For instance; if A is survived by one child B, B will be A’s sole successor. But if B had died before A then the surviving children of B, if any, will be the new priority heirs of A instead of the following parental members such as A's parents and A’s brothers and sisters.

Third, surviving successors in the same degree of kinship to the deceased in the same parental group, are awarded the estate in equal portions. Also, there is equality among male and female successors. Therefore if A dies intestate, leaving two sons and one daughter, each heir will receive one third of the estate equally. If one of A's children had predeceased A, leaving two children, their share will go to the children, entitling each one to one-sixth of the whole.

Children born outside marriage have the same rights of inheritance as children born in wedlock. Those children recognized by their father or whose paternity is established by a Court may inherit from their father equally. For instance, if a man leaves two children born within a marriage and one who is recognized, each will receive one third of the estate. Adopted children are treated in the same manner as the legitimate or biological children of the deceased. However adopting parents are not taken into consideration with regard to the adopted child’s estate if they predecease them. An adopted child is a legal successor of their biological parents as well.
(b) There is no difference between movables and immovables under Turkish succession legislation.

Also, you do not need to have a lawyer (especially ones charging £1000) to draw up a will.

2. Wills
(a)In general, wills must be in writing and signed by the testator/trix in the presence of two witnesses before a public notary, magistrate or an authorized officer. In practice, official wills are made by public notaries. Witnesses must be adults and must have full legal capacity. According to the Turkish Civil Code.

Succession in Turkey

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Old 26th April 2015, 12:26   #5 (permalink)
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Re: Will writing

I think ours was about £75 each through lawyer .
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Old 26th April 2015, 14:33   #6 (permalink)
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Re: Will writing

Thank you all for the info. Will get it sorted when next out there.
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Old 27th July 2015, 12:08   #7 (permalink)
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Re: Will writing

I have just been quoted £900.00 plus £100 registration fee which seems a rather lot of money for two simple wills
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