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Old 22nd January 2012, 04:36   #1 (permalink)
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Question Turkish Wills - Disinherit heirs?

Having read through numerous threads here on this complicated matter ...l see that most of the threads are quite old now and was wondering whether there had been any further clarity on the inheritance laws for foreigners living in Turkey ? it was mentioned somewhere that the British Embassy were going to step in and clarify these situations ?
We've got a pretty straight forward situation ( if thats at all possible on this subject !! ) Tapu in joint names / two great children.....but my husband does have a daughter from a long ago former marriage that he's not been in touch with for years and she does tend to be rather " money-grabbing " and he does not want her to receive anything. How can we block her ?
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Old 22nd January 2012, 09:03   #2 (permalink)
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Re: Wills !

i dont think you can block her.
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Old 22nd January 2012, 09:27   #3 (permalink)
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Re: Wills !

You cant, is the simple answer!

You can express a wish in your Turkish will, identifying her and advising that you do not wish her to receive any inheritance, however, at the end of the day it is likely that Turkish Law will override this!

Sorry!
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Old 22nd January 2012, 10:16   #4 (permalink)
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Re: Wills !

i agree with the previous posts.
you cant disinherit legal heirs..
her portion will be less by making a will than without a will..but she is legally entitled to a share
this system is based on Swiss laws of intestacy and the French also have the same laws...as do many other countries
the UK to some extent also accommodates these rulings as related people can challenge wills
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Old 22nd January 2012, 10:26   #5 (permalink)
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Re: Wills !

Fuzzy you do need to take proper Turkish legal advice on this but I believe if the house was in your name only your husband's first daughter would have no claim. This would protect you if your husband died before you but of course if you died first he would have the same problem all over again.
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Old 22nd January 2012, 18:25   #6 (permalink)
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Re: Wills !

Correct me if i am wrong but i think if Tapu is in both your names, albeit you are married. If anything god forbid should happen to your husband the first daughter would only be entitled to a percentage of your husbands half equity so to speak. The first daughter probably wouldn,t know this and not sure if Turkish officials would even inform her? Probably best to get a will translated and notorised even if it doesn't stand. Stranger things have happened!! So maybe it would. Good luck x
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Old 22nd January 2012, 18:55   #7 (permalink)
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Re: Wills !

Quote:
Originally Posted by pompeylass View Post
Correct me if i am wrong but i think if Tapu is in both your names, albeit you are married. If anything god forbid should happen to your husband the first daughter would only be entitled to a percentage of your husbands half equity so to speak. The first daughter probably wouldn,t know this and not sure if Turkish officials would even inform her? Probably best to get a will translated and notorised even if it doesn't stand. Stranger things have happened!! So maybe it would. Good luck x
you are right about the daughter having rights only to her fathers half.

However the courts here are very strict on this when its comes to probate there are a lot of loops to jump through....and they will locate relatives via registration offices in the relevant country.
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Old 22nd January 2012, 19:05   #8 (permalink)
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Re: Wills !

Purely out of interest, if a daughter or son were to inherit via a parent, can they force a family to sell the property to get their inheritance?
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Old 22nd January 2012, 19:19   #9 (permalink)
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Re: Wills !

Having read all the posts on this topic going back several years I am firmly on the side of those that argue as follows:

If you are a UK citizen domicile in the UK, then your Turkish property along with any other property is part of your estate to be administered under UK Law according to your UK Last Will and Testament. As such you can leave your estate to whoever you choose.

For UK domiciles, making a Turkish Will is unnecessary and adds confusion.
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Old 22nd January 2012, 20:42   #10 (permalink)
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Re: Wills !

You can make a proviso in your Turkish will, to ensure that you UK will covers all your movable assets, and the Turkish will does not overrule your UK will.

But, a Turkish will is require to cover your immovable estae, i.e. Property, and as such on Joint ownership, (Husband & Wife), there must be two wills, one for each person. Therefore you each own 50%, and when one dies the spouse will then receive one half of the deceased spouse's 50%, with the other 50% going to all surviving children. Which will then mean the surviving spouse will then own 75%, (their own original 50% + half of the deceased share ie35%), and the remaining 25% shared amongst all the surviving children

If the property is only in one name then only one will is required, and the surviving spouse will inherit 50%, with the rest shared amongst the surviving children.

If an owner dies without a Turkish will, then the Turkish Authorities can claim the full rights to the property, and any surviving inheritants will have to procede via Courts, and be prepared for a long drawn-out court debate

In im-movable inheritance, then Turkish law can overrule all other UK wills

Last edited by sandyhelen; 23rd January 2012 at 18:44..
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