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Old 22nd July 2011, 17:42   #1 (permalink)
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Question Wills regarding Children

Hi

With us expecting our first child I was wondering if anyone who is married to a Turkish National and have children can give me some advice regarding setting up a Will.

We would like to specify that our child if anything happens to both of us that they go to a certain set of grand parents and that any property belonging us is put into trust for him in the future.

I have read the threads on Turkish Wills and they don't sound to legal and a bit of a pain to organise.

I would like to hear from anyone in the same position as me as to what they have done to get an idea of the best route to take.
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Old 22nd July 2011, 18:17   #2 (permalink)
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Re: Wills regarding Children

On the information you have given you will not get any sensible answers as there are many factors which will determine what can and cannot be done.

Country of residence (parents)
which country is child being born ?
What will nationality of child be?

And many more.
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Old 22nd July 2011, 18:41   #3 (permalink)
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Re: Wills regarding Children

Well he will be born here in Turkey and will have joint nationality both Turkish and UK and I am british and my husband Turkish. Hope that maybe helps.
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Old 26th July 2011, 10:06   #4 (permalink)
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Re: Wills regarding Children

Quote:
Originally Posted by raven View Post
Well he will be born here in Turkey and will have joint nationality both Turkish and UK and I am british and my husband Turkish. Hope that maybe helps.

Raven,

You can draw a will up in Turkey in accordance with your purposes for your movable assets as they are pursuant to the UK law. However, any immovable assets located in Turkey shall be partitioned and transferred pursuant to the Turkish law. And as it's stated in Turkish civil code, your child has a reserved portion(this instrument [which is an uncommon one to the British law but mostly used in European-continental law systems] was put by the law maker in order to restrict the testator to totally disinherit close relatives) but the rest part can be disposed to any other one by a will. The reserved portion of descendents is %50 of their total inheritance rights. With another saying, you can disinherit only a half of your child's inheritance rights as poritoning the rest to his/her grandparents.

I know it sounds complex. You can ask again if there's still something unclear in your mind.

Best wishes.
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Old 26th July 2011, 12:25   #5 (permalink)
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Re: Wills regarding Children

Thanks Celtic, complicated but I understand what it means. He will be for the moment our sole heir so that seems easy enough to sort.

From what my Dad told me in the UK it is the courts that decide who the child will reside with, but they will consider what is in the will of the parents. What is the case here in Turkey can you specify who you wish the child to go to or is it the same that courts in the end that make that decision?
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Old 26th July 2011, 15:46   #6 (permalink)
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Re: Wills regarding Children

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Originally Posted by raven View Post
Thanks Celtic, complicated but I understand what it means. He will be for the moment our sole heir so that seems easy enough to sort.

From what my Dad told me in the UK it is the courts that decide who the child will reside with, but they will consider what is in the will of the parents. What is the case here in Turkey can you specify who you wish the child to go to or is it the same that courts in the end that make that decision?
Excuse me, do you mean the guardianship of the child or anything else?
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Old 26th July 2011, 16:19   #7 (permalink)
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Re: Wills regarding Children

Yes that is what I mean sorry could have said that much simpler.
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Old 26th July 2011, 16:45   #8 (permalink)
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Re: Wills regarding Children

It's same here in Turkey. Family courts decide which parent will have the guardianship of the child. But this decision can't be given for any child as long as his/her parents are married.
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Old 26th July 2011, 17:42   #9 (permalink)
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Re: Wills regarding Children

Thanks Celtic that helps a lot. Now just need to sort out Wills etc

Really appreciate your time and help.
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Old 26th July 2011, 19:04   #10 (permalink)
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Re: Wills regarding Children

You're welcome Raven.
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