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Old 8th July 2009, 20:53   #1 (permalink)
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Moveable assets

Hello Celtic,

Please can you advise if money and other assets in Turkey (not property or land) is subject to Turkish laws of inheritence? I am told by a solicitor that I have consulted that all the assets I have including money in bank accounts are to be distrubuted according to Turkish law and I cannot leave what I wish to whom I wish. I want to leave all my assets and money directly to my husband and not children.

Our villa which is jointly owed I understand is to be distributed according to Turkish law.

From another thread on this forum 2 members (1 who has stated she has gone through the process) state that this is not correct. That I can leave any moveable assets, money included, to whomever I wish according to U.K law?

I am now completely confused over this issue. Please can you advise?

Thank-you

Linda
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Old 8th July 2009, 21:42   #2 (permalink)
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Re: Moveable assets

Hi Linda,

I saw the discussion in the other thread about the topic that you are confused over but didn't want to participate since Karyn and Valian both -already- seemed to be as well informed as a lawyer regarding this issue.

If I need to repeat it once again to clarify the question marks in your mind;

All immovable properties which are located in Turkey get shared by the successors in accordance with the local law rules of Turkey due to 'public order' principle(The reason is; it's not welcomed to let the tapu records be changed according to another law regime). However, all movable assets in Turkey including motor vehicles, money in the bank accounts, participation shares of a corporation and etc.. get shared according to the law rules of the deceased one's country.

Hope to have been the one who could achieve to convince you at last

Regards.
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Old 8th July 2009, 22:01   #3 (permalink)
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Re: Moveable assets

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Originally Posted by celtic View Post
Hi Linda,

I saw the discussion in the other thread about the topic that you are confused over but didn't want to participate since Karyn and Valian both -already- seemed to be as well informed as a lawyer regarding this issue.

If I need to repeat it once again to clarify the question marks in your mind;

All immovable properties which are located in Turkey get shared by the successors in accordance with the local law rules of Turkey due to 'public order' principle(The reason is; it's not welcomed to let the tapu records be changed according to another law regime). However, all movable assets in Turkey including motor vehicles, money in the bank accounts, participation shares of a corporation and etc.. get shared according to the law rules of the deceased one's country.

Hope to have been the one who could achieve to convince you at last

Regards.
Hello Celtic,

I am so sorry I did not mean to disbelieve anyone, but really wanted to be sure that what was said is true.

As I stated, the solicitor told us quite differently. I could not have misunderstood as she spoke English as a native. Thank-you for your valued information I will now contact said solicitor accordingly.

Kind Regards,

Linda
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Old 9th July 2009, 05:44   #4 (permalink)
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Re: Moveable assets

Here I am, Cassandra complex still in operation, cursed to tell the truth and not be believed!

For the record Linda, my husband definately died, I didn't make it up, I am not in any way confused or mistaken about it, I stood there and watched him die in front of me.

And following that, when I wasn't considering chucking myself off a cliff, I had to learn a lot of things, very fast, from Turkish law (how do you convince the UK your husband has died in a country that doesn't issue death certificates only permissions to bury?) to the implications of the Hague Convention (1973, keystone in international law).

Whilst the paperwork is done the pain continues, every single day, and sometimes I try and make something good out of that. I try and help other people. For nothing (this is the key mistake I make!). I go back and revisit the pain, revive the horrible memories and try to explain things to other people so they are spared a little pain in the future.

Please remember, you asked the question, in fact you asked Me the question. If you don't intend to believe the answer because you suspect the validity of the source then don't ask the question!

Your lawyer will undoubtedly find a way to wriggle out of this, she has a natural advantage, you believe her, because you paid her.

Karyn
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Old 9th July 2009, 07:32   #5 (permalink)
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Re: Moveable assets

Quote:
Originally Posted by Karyn UK View Post
Here I am, Cassandra complex still in operation, cursed to tell the truth and not be believed!

For the record Linda, my husband definately died, I didn't make it up, I am not in any way confused or mistaken about it, I stood there and watched him die in front of me.

And following that, when I wasn't considering chucking myself off a cliff, I had to learn a lot of things, very fast, from Turkish law (how do you convince the UK your husband has died in a country that doesn't issue death certificates only permissions to bury?) to the implications of the Hague Convention (1973, keystone in international law).

Whilst the paperwork is done the pain continues, every single day, and sometimes I try and make something good out of that. I try and help other people. For nothing (this is the key mistake I make!). I go back and revisit the pain, revive the horrible memories and try to explain things to other people so they are spared a little pain in the future.

Please remember, you asked the question, in fact you asked Me the question. If you don't intend to believe the answer because you suspect the validity of the source then don't ask the question!

Your lawyer will undoubtedly find a way to wriggle out of this, she has a natural advantage, you believe her, because you paid her.

Karyn
It's, actually, not my business to interrupt here but still needed to say that you are needlessly getting offended by Linda, Karyn. It's obvious -and natural- that she doesn't know the Turkish law rules properly and is asking questions to clarify the unclear points in her mind. Whether wrong or not, what she had heard before was told by a lawyer and she has a right to make sure whether it's right when she is told something contradicting the info she heard from a lawyer.

I'm coming across such attitudes of many people(especially foreigners), too, as they are suspecting the information I give although I've never shared any information that I was 100% sure. However, I still don't have many other options than tolerating them(although what they are suspecting about is my professional field), since they are foreigners, naturally not well informed about Turkish law and all their assets are concerned in the issues.

You probably wouldn't have acted in a very different manner if you had been in her position(as not having had that experience). Please try to empathize.

Regards.
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Last edited by celtic; 9th July 2009 at 07:37..
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Old 9th July 2009, 09:00   #6 (permalink)
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Re: Moveable assets

Just a point on death cetificates (UK Style) you can get one but you have to ask.

This is information I received from the Fethiye Consulate when I enquired a while ago.

Thank you for your e-mail. In the event of death, next of kin of the deceased person can apply to the consulate in Fethiye for an original British Death Certificate which will be accepted in the UK. We forward the applications to the British Consulate General in Istanbul. The death certificates are issued by the British Consulate General in Istanbul and are exactly the same with the ones provided in the UK.

The total fee that we need to charge for the death registration and death certificate is YTL 430,00. The required documents are:

- British death registration form (available at the consulate office)
- Passport copy of deceased
- Formul C (issued by the local registrar in Fethiye)
- Mernis (issued by the local registrar in Fethiye)
- Burial certificate (issued by the hospital at the place of death)
- Birth certificate and passport of next of kin (the applicant)

As you said I hope you will not need our service for many years.
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Old 24th July 2009, 10:18   #7 (permalink)
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Re: Moveable assets

Quote:
Originally Posted by Karyn UK View Post
Here I am, Cassandra complex still in operation, cursed to tell the truth and not be believed!

For the record Linda, my husband definately died, I didn't make it up, I am not in any way confused or mistaken about it, I stood there and watched him die in front of me.

And following that, when I wasn't considering chucking myself off a cliff, I had to learn a lot of things, very fast, from Turkish law (how do you convince the UK your husband has died in a country that doesn't issue death certificates only permissions to bury?) to the implications of the Hague Convention (1973, keystone in international law).

Whilst the paperwork is done the pain continues, every single day, and sometimes I try and make something good out of that. I try and help other people. For nothing (this is the key mistake I make!). I go back and revisit the pain, revive the horrible memories and try to explain things to other people so they are spared a little pain in the future.

Please remember, you asked the question, in fact you asked Me the question. If you don't intend to believe the answer because you suspect the validity of the source then don't ask the question!

Your lawyer will undoubtedly find a way to wriggle out of this, she has a natural advantage, you believe her, because you paid her.

Karyn
Hello Karyn,

I am so sorry not to have replied to you before, I have only just read your reply, I must have missed it before...I apologise.

Please do not be offended by my questions, I had no intention of upsetting you. I had no idea about your circumstances, I was just trying to get clarification of my own. The confusion was on my part alone.

Anything legal in Turkey is a minefield, even when talking to legal people the answers can very often be confusing at the least and direct opposite at the worst! I'm sure we have all had that experience at one time or another.

This is a very important issue for us and one that we must get right. It has taken us 3 years to get to the point of actually writing a Will, with all the mixed/confusing information we had been given..we thought we had it right until I saw the postings.

The reason I was asking for clarification was due to the fact that the lawyer was a recommendation of some members from this site. If I was given bad information then it would be better if other members knew as well.

However, if I were mistaken, or confused (easily done) by the information then I needed further clarification and this is what I was trying to achieve. I have heard so many different accounts of how things work here I was trying to get as much information as I could.

I am so sorry if you took offence to anything I said, it was not meant to hurt you in any way. Although I cannot begin to appreciate what it must be like to loose a partner, I have lost both my parents and that was a blow enough.

Further to your advice I again contacted my solicitor and I was told the following:

You can Will moveable assets according to your wishes if you state so in your U.K will. This must be translated and signed by the notary office here in Turkey. If it is not mentioned in the U.K will, then Turkish law again comes in to place.

I am told that Turkish law gives the spouse a 50% share, with the remaining 50% to the children.

Linda
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Old 24th July 2009, 11:00   #8 (permalink)
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Re: Moveable assets

Quote:
Originally Posted by Lindacm View Post

You can Will moveable assets according to your wishes if you state so in your U.K will. This must be translated and signed by the notary office here in Turkey. If it is not mentioned in the U.K will, then Turkish law again comes in to place.

I am told that Turkish law gives the spouse a 50% share, with the remaining 50% to the children.

Linda
Hi again Linda,

Not that I want to make you more confused about the inheritance issues, but I really need to correct some points here.

Firstly, all movable assets of a deceased person gets shared by his/her successors according to the country's law that he/she was a citizen of. Making a will in Turkey is enough to determine the ones who you want to make your successors since the clauses about the movable assets will be executed in accordance with the English law, no matter where the will was drawn up.

Secondly, the spouse of a deceased person takes the 25% of the total assets while the descendants take 75%. The spouse can merely take 50% if there's no descendants, but lineal ancestors of the deceased person.

Hope to have enlightened you enough this time.
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Old 24th July 2009, 12:48   #9 (permalink)
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Re: Moveable assets

Hi Cem, I’m in a slightly different position, in that I am divorced. I have a UK Will leaving everything (including my Turkish property and money) to my son. Would this be honoured in Turkey? (I’m assuming I would need to get it notarised) Or would I need a Turkish will for both my property and money or just the property?
Thanks, Lesley
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Old 24th July 2009, 13:41   #10 (permalink)
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Re: Moveable assets

Although aware of these rules for sometime, except I thought also it was 50 / 50; am I the only one that thinks this Turkish way of doing things can only lead to more in family fueds. Also, misdemeanours would surely be encourage with the set up this way??

The owner of anything should be able to decide where each penny is distributed.
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