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Old 12th November 2015, 15:19   #71 (permalink)
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Re: How to change tapu with deceased husbands name on it

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Originally Posted by jearden View Post
Thanks for the link, makes interesting reading. Begs the question how do you word a Turkish Will to make it legally acceptable in respect of immoveable property; do you name each of the beneficiaries and their prescribed percentages, or simply state it's to be distributed in accordance with Turkish law.
From what I have read, over the years the only thing that seems to apply is: - ''distributed in accordance with Turkish law''
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Old 12th November 2015, 15:23   #72 (permalink)
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Re: How to change tapu with deceased husbands name on it

Doesn't matter what you say will still be Turkish law that prevails, so best you write any will with that in mind.
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Old 12th November 2015, 17:55   #73 (permalink)
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Re: How to change tapu with deceased husbands name on it

The article mentions this more than once; quote; '. . If a non-resident executes a will in Turkey, their national law will be applied to their movable property. However, Turkish law will be applied for immovable property located in Turkey.'

So what is the difference between a Turkish will and the agreement that can be made between spouses? This article states:

(i) A testator/trix may enter into a contract of inheritance with another individual instead of making a will. For instance, a husband and wife may conclude an inheritance contract under which they appoint their son as the ultimate successor to both their estates. Unlike a will, the contract of inheritance is not a unilateral disposition but a bilateral contract.

As a consequence, the parties are bound by the contract and the contract is not unilaterally revocable by either of the parties. However they may terminate the contract of inheritance by mutual agreement. In addition to this, if the beneficiary of the contract acts against the testator/trix (e.g. they commit a felony against the testator/trix), the testator/trix may unilaterally terminate the contract as to such beneficiary.


This seems to suggest that a couple could agree that a surviving spouse would inherit a 'life interest' in the house and it would only go to the child/ren after second death.
If that's right, isn't that preferable for non-Turkish people?
Is there a lawyer in the house?????
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Old 12th November 2015, 18:09   #74 (permalink)
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Re: How to change tapu with deceased husbands name on it

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Originally Posted by jearden View Post
Thanks for the link, makes interesting reading. Begs the question how do you word a Turkish Will to make it legally acceptable in respect of immoveable property; do you name each of the beneficiaries and their prescribed percentages, or simply state it's to be distributed in accordance with Turkish law.
That's where the proper legal advice comes in. Just like the UK a Turkish lawyer will quite willingly tell you what & what not to do. It might be you want somebody left out, you can bet they know how to deal with it.

What my friend did tell me was, "its a MUST to have all the correct paperwork from the UK".
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