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Old 26th July 2011, 16:51   #1 (permalink)
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Wills

Celtic-just a (relatively) straight forward query re wills. Our house is in joint names. We have no kids. Is there any way we can draw up a will so that the surviving partner gets all. Thanks
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Old 26th July 2011, 17:07   #2 (permalink)
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Re: Wills

Quote:
Originally Posted by saoirse View Post
Celtic-just a (relatively) straight forward query re wills. Our house is in joint names. We have no kids. Is there any way we can draw up a will so that the surviving partner gets all. Thanks
Philip,

You don't have to make a will if your purpose is leaving the portion to the other(surviving) spouse as having no children. Inheritance portions are shared by the spouse and the children of a testator and the spouse consequently gets the all if there's no children left for the heirship.

Hope this helps.
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Old 26th July 2011, 17:12   #3 (permalink)
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Re: Wills

so it wouldnt go down to cousins, sisters etc if no children?
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Old 26th July 2011, 17:24   #4 (permalink)
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Re: Wills

And if you both die together in an accident??
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Old 26th July 2011, 17:56   #5 (permalink)
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Re: Wills

Perish the thought. However in Philips case any monies would revert to the Queens Purse....
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Old 26th July 2011, 18:15   #6 (permalink)
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Re: Wills

No Hodgey I would leave it to you to get Bleak House cleaned up!
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Old 26th July 2011, 19:02   #7 (permalink)
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Re: Wills

Quote:
Originally Posted by saoirse View Post
so it wouldnt go down to cousins, sisters etc if no children?
Pardon me Philip, I presumed that there were mo more successors other than your wife and didn't consider parents and siblings prospect.

In such a case, the %50 of the assets of a person gets acquired by the spouse and the rest go to the parents. If the parents are already died, their portions get transferred to their descendants(siblings, nieces of the testator and etc..)

As I've stated under the other thread, Turkish law doesn't allow the testators to totally disinherit their close relatives and parents are included in this group. From the other hand, if the parents are already died and their portions get transferred to their children(siblings of the testator), they can be utterly disinherited by a will since the siblings aren't in the group of having reserved portion right.

In conclusion; if the parents of a testator are still alive when he/she died, they can't be utterly disinherited by a will. The reserved portion of the parents is 1/4.

Please don't hesitate to ask if there's still something unclear in your mind.
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Old 26th July 2011, 21:07   #8 (permalink)
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Re: Wills

Quote:
Please don't hesitate to ask if there's still something unclear in your mind.
Yes I have. The answer you have given is quite correct `for Turkish law` but as saiorse is (I think) a uk resident, would this still apply?

Quote:
Turkish law doesn't allow the testators to totally disinherit their close relatives and parents are included in this group.
Are you saying that if a person is a uk national and has a uk Will then that will be ignored in a Turkish court of law.


Quote:
Lewknor…
Perish the thought. However in Philips case any monies would revert to the Queens Purse....
Not if there are living relatives….Jeees I would invent some before I would let it go to the crown.
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Old 26th July 2011, 22:12   #9 (permalink)
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Re: Wills

Quote:
Originally Posted by juco View Post
Yes I have. The answer you have given is quite correct `for Turkish law` but as saiorse is (I think) a uk resident, would this still apply?
Saiorse's national(UK) law shall be applied on the wills and any other inheritance actions regarding movable assets. However, immovable assets located in Turkey shall be shared and transfered pursuant to the Turkish law as it's ordered in the concerned code.

Quote:
Originally Posted by juco View Post
Are you saying that if a person is a uk national and has a uk Will then that will be ignored in a Turkish court of law.
Actually, a will that was drawn up in the UK in English is also a valid document in Turkey. It's enough to get it translated through a sworn interpreter to get executed in Turkey. However, as I stated above, a will concerning an immovable asset located in Turkey shall be shared and transferred pursuant to Turkish law. "Reserved portion" is an original instrument in Turkish law and successors can't be totally disinherited by the testators with this reason. And in conclusion; Saiorse can not totally disinherit his parents while arranging a heirship document concerning his immovable assets in Turkey.

The percentages of reserved portions are;

Descendents %50,
Parents %25
And spouses %100(they can't be disinherited even partially).
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Last edited by celtic; 26th July 2011 at 22:17..
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Old 26th July 2011, 23:02   #10 (permalink)
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Re: Wills

Celtic,
With all due respect you are continually quoting Turkish law which applies to Turkish residents.

Are you saying that Turkey ignores international agreements as per the Hague convention which Turkey joined on the 2nd October 1973, Turkey signed `Concerning the International Administration of the Estates of Deceased Persons` and agreed to amongst other things:-

CHAPTER - THE INTERNATIONAL CERTIFICATE
Article

The Contracting States shall establish an international certificate designating the person or persons entitled to administer the movable estate of a deceased person and indicating his or their powers.
This certificate, drawn up in the Contracting State designated in Article 2 in accordance with the model annexed to this Convention, shall be recognised in the Contracting States.

Article

For the purpose of designating the holder of the certificate and indicating his powers, the competent authority shall apply its internal law except in the following cases, in which it shall apply the internal law of the State of which the deceased was a national...

Article

If the law in accordance with which the certificate was drawn up gives the holder powers over immovables situated abroad, the issuing authority shall indicate in the certificate the existence of these powers.
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