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Old 2nd October 2014, 11:33   #1 (permalink)
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Making a will in Turkey

We bought a holiday home here in 2007 and we have put off getting a will, mainly because we haven't a clue how to go about it. IS THERE ANY WAY WE COULD DO IT OURSELVES and have it signed by a Notarie to make it legal - or do we have to go to a solicitor?
Can anyone advise please where to go, approximate cost etc
Thankyou
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Old 2nd October 2014, 12:47   #2 (permalink)
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Re: Making a will in Turkey

Doesn't matter what you want to leave and who you want to leave it to unless the will is made in accordance with the Turkish inheritance laws it will be null and void.

Last edited by beyazbayan; 2nd October 2014 at 19:57..
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Old 2nd October 2014, 15:11   #3 (permalink)
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Re: Making a will in Turkey

Making a will in Turkey
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Old 2nd October 2014, 19:51   #4 (permalink)
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Re: Making a will in Turkey

We made a Turkish will several years ago on advice from both our UK and Turkish lawyers. If you don't there is an issue with inheritance both UK and Turkey in respect of tax and to whom you wish your assets to go. As is everything in Turkey you will need to notarise what you do and your dependents will unfortunately be faced with additional costs when you die. But hopefully your wishes will be honoured. The other downside is the cost of setting this up - UK lawyers fees, Turkish lawyers fees, translation fees and the notaries fees. Can't remember final cost of all this but certainly greater than one thousand pounds in total
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Old 2nd October 2014, 20:01   #5 (permalink)
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Re: Making a will in Turkey

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Originally Posted by neilmcm View Post
We made a Turkish will several years ago on advice from both our UK and Turkish lawyers. If you don't there is an issue with inheritance both UK and Turkey in respect of tax and to whom you wish your assets to go. As is everything in Turkey you will need to notarise what you do and your dependents will unfortunately be faced with additional costs when you die. But hopefully your wishes will be honoured. The other downside is the cost of setting this up - UK lawyers fees, Turkish lawyers fees, translation fees and the notaries fees. Can't remember final cost of all this but certainly greater than one thousand pounds in total
Sorry to say but that's an absolute waste of money, why would you involve and UK lawyer in drawing up a Turkish will?

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 3rd October 2014, 05:40   #6 (permalink)
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Re: Making a will in Turkey

Thanks for that, I'm even more confused than I was before I started......when it comes to stuff like this I just close my eyes and count to ten....works most of the time...if not I just have another Efes and it seeems to go away.....until the morning
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Old 3rd October 2014, 07:05   #7 (permalink)
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Re: Making a will in Turkey

Please note whatever your will says the Turkish law will take precedence so if you have a will drawn up make sure it takes this into account. Any assets you have in the UK can be disposed of as you wish but not here. İf you have particular requirements re disposal of assets make sure you dispose of these prior to your death. İ have seen so many yabanci make expensive wills and all to no avail.
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Old 3rd October 2014, 09:44   #8 (permalink)
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Re: Making a will in Turkey

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Originally Posted by beyazbayan View Post
Please note whatever your will says the Turkish law will take precedence so if you have a will drawn up make sure it takes this into account. Any assets you have in the UK can be disposed of as you wish but not here. İf you have particular requirements re disposal of assets make sure you dispose of these prior to your death. İ have seen so many yabanci make expensive wills and all to no avail.
What good sensible advice.
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