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Old 18th December 2013, 17:17   #1 (permalink)
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legal/insurance info

hello all

I am heading out to my apartment on four seasons in the new year, we are yet to organise a will and various insurances, ie contents insurance and maybe earthquake insurance.

can anybody advise us on how best to do this please? a good trustworthy English speaking lawyer and a ny insurance companies would be most appreciated.

many thanks

liz
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Old 19th December 2013, 08:34   #2 (permalink)
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Re: legal/insurance info

Hi Liz,
It is possible to use a UK based company called Intasure, I previously used them in the past but switched to Melas Sigorta ([email protected]).
I met with Fahrettin Torun whom spoke excellent English. I haven't had to make any claims yet so hopefully if any TLF members have had any good or bad experiences with insurance companies they can let us know.
I hear you asking why did I switch simply because I wanted to use the same company for both properties and several owners at Babylon use them.

Re Turkish Wills:


Turkish inheritance law is very complex and not particularly attractive for expats who own property in Turkey, so be careful of it and make a will!



With a view to eventually joining the European Union, the Turkish legal system has now been integrated with the continental European system incorporating elements from the Swiss, German, French and Italian codes, however expats living in Turkey do need to be aware of the differences in inheritance law, as do those who purchase immovable property in the country.

The main principle regarding property is that the property is regulated by the laws of the country in which it is located. This means that if you own property in Turkey, Turkish law is the applicable law when it comes to you shuffling off this mortal coil. And you might be a little surprised to learn that the laws of succession in Turkey differ significantly from our own in the UK.

If you die without having made a will and you are married, then your Turkish property will be split up along the following lines:- if the property was in joint names your spouse will retain 50% of the property. The first statutory heirs are any children of the deceased and they would receive the other half of the property. If there are no children, then the parents of the deceased and their offspring i.e. brothers and sisters of the deceased, would receive the estate. If the parents are dead then the grandparents and their offspring are the statutory heirs.

So, if you and your spouse buy a property and put it in joint names, the best that can happen is that your spouse gets 50% of the house when you die. The other 50% could be divided multiple ways and force the sale of the property in which your poor bereaved partner was hoping to remain living. Not ideal really.

If the spouse is included with the children in sharing an inheritance then they have a statutory share of 25%, if they are sharing with the parents that moves up to 50% and if they are sharing with the grandparents 75% of the estate will be theirs. If the deceased has no surviving next of kin then the spouse receives everything and if there are no surviving heirs then the government gets to keep your property in Turkey.

So basically you need to draw up a will in the form specified by the Turkish Civil Code if you want to bequeath a property in Turkey, as a foreign will which does not comply with Turkish law may be invalid. In order to make a will in Turkey you need to be of sound mind and over 15 years of age, and wills disposing of property in Turkey can be made on an official form, handwritten or orally before a public notary or a Justice of the Peace. A holograph is then written in the testators’ handwriting and given to a court or public notary for safe keeping.

Children can inherit property in Turkey while both parents are alive, provided the parents are married and the parents or an appointed third party can then manage the property. As you can tell, the rules and laws are complex and favour the protection of the extended family.

Several articles can be found on this Forum as we can see a very complex issue.

Last edited by berniecowap; 19th December 2013 at 11:26.. Reason: additional info
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Old 19th December 2013, 10:14   #3 (permalink)
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Re: legal/insurance info

Earthquake insurance is compulsory, It,s called DASK, and can be obtained from any insurance office, just take your tapu along. You do not need a lawyer for any insurance arrangements.
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Old 19th December 2013, 12:59   #4 (permalink)
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Re: legal/insurance info

We insure with AXA Turkey and they have agents in most areas . We find them competitive and along with a few of the other insurers their quotations and policies are in English . Our agent will take payment from UK if that is where you are located at renewal. We also take out the compulsory DASK insurance through them . The insurance policy is a top up to the amount you will be able to claim through DASK so even though it is a small amount deduct it from the insured amount when getting a quote particularly as in the event of a claim it will be deducted from any pay out by the insurers.
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Old 19th December 2013, 14:33   #5 (permalink)
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Re: legal/insurance info

Axa too and we also ensured that renting out the property was included in the insurance so that we are covered for public liability etc. Be very clear in your contract when renting that they (renters) all have full insurance theirselves and etc.
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Old 23rd December 2013, 00:39   #6 (permalink)
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Re: legal/insurance info

I have to agree with the concerns about a Turkish will. We looked into this, but were advised against it on the grounds that it could countermine any UK will you have. The UK will system requires a conformation that it is the 'last will & testament' thus in UK law, if you then write a separate one for Turkey, this could in all probability be considered by the UK authority (probate office) to supersede your UK one - bloody minefield!
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Old 23rd December 2013, 09:40   #7 (permalink)
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Re: legal/insurance info

Quote:
Originally Posted by Leo View Post
I have to agree with the concerns about a Turkish will. We looked into this, but were advised against it on the grounds that it could countermine any UK will you have. The UK will system requires a conformation that it is the 'last will & testament' thus in UK law, if you then write a separate one for Turkey, this could in all probability be considered by the UK authority (probate office) to supersede your UK one - bloody minefield!
There is nothing wrong with having two wills , indeed because of the different inheritance laws it is advisable It is convention rather than a legal requirement to have words such as 'last will & testament, supercedes all others' written in . By having these or similar words excluded from your UK and Turkish will you will ensure that they are read in conjunction .

Last edited by Chinook; 23rd December 2013 at 09:42..
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Old 23rd December 2013, 09:51   #8 (permalink)
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Re: legal/insurance info

Quote:
Originally Posted by Leo View Post
I have to agree with the concerns about a Turkish will. We looked into this, but were advised against it on the grounds that it could countermine any UK will you have. The UK will system requires a conformation that it is the 'last will & testament' thus in UK law, if you then write a separate one for Turkey, this could in all probability be considered by the UK authority (probate office) to supersede your UK one - bloody minefield!
When your Turkish will is being written in Turkey, ensure that it includes a paragraph which states that the Turkish is only for Turkey, and in no way must it supersede your UK Will.

This should ensure that your immovable estate in Turkey conforms to Turkish law, and your UK estate is safeguarded by your UK will


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Old 25th December 2013, 07:57   #9 (permalink)
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Re: legal/insurance info

There is a guy called Bayram Enhos who is in Manavgat. He is in the building opposite the telephone office. You have to go down an alleyway to the rear of the building where there is a staircase and Bayram is on the second floor. He is excellent and will not rob you and the companies he uses are bona fide like Aviva etc. His phone number is 053 362 99649 and we can highly recommend him. We have insured both our home, contents and our car with him. He is the most genuine of all the people we have been in contact with. Good luck.
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Old 23rd March 2014, 11:46   #10 (permalink)
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Re: legal/insurance info

I also need to set up my insurance but my main worry is that when i purchased my apt.i did so in my married name.I am now divorced so have reverted back to my maiden name . How do i change my name on the Tapu and will this incur any costs ?
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