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Old 16th April 2012, 11:56   #1 (permalink)
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Making a Will - is Psychiatrists Report really necessary?

I am planning to make a Will and a Turkish friend made informal enquiries to a lawyer friend of his about what is needed. The lawyer said that a lawyer isnt necessary, that I must first go to a Noter and then see a psychiatrist to get a report confirming I am of sound mind.

I'm reasonably confident (!) I would pass the test, but obviously dont want the expense and hassle unless absolutely necessary.

Has anyone else had to do this when making a Will?

(if its relevant, I am a Turkish citizen, and the Will involves bank accounts and personal possessions only - no real estate of any kind)

P:S: If I do need to see the psychiatrist, is there any chance the new sağlık sigorta will cover it?
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Old 16th April 2012, 12:42   #2 (permalink)
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-->: Making a Will - is Psychiatrists Report really necessary?

Hello,

I had many problems in my own family so I'm a bit aware of these things but please do not take my word as a definite answer.. As far as I know as an individual a Turkish person does not have the right to choose an inheritor that the wealth of a person is divided between his/her family according to their closeness to the person. I have found a website explaining main rules of inheritance but it is in Turkish, here it is just in case.

http://www.uygun.av.tr/images/pdf/mrs.pdf

And also I think you need a report from a doctor if you are over 65. But as this information comes from a lawyer I'm not in the position to judge his/her knowledge... I hope I didn't confuse you... I think you better find an English speaking lawyer (or maybe a Noter) and ask him/her yourself and not to trust other people, because in Turkey everything tend to change from one minute to another so you really need to make sure you are talking to the right person and taking the right action.

Regards,
Uyum.
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Old 16th April 2012, 13:35   #3 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

Personally I think it's a good idea, well lets face it, you or I could be the loonies most demented person on this earth and then we sign a document typed by someone else who was not present at the signing that says we are 'of sound mind', and just in who's opinion would that be?
Certainly not mine because if I was that loony I would not even know what I was signing.

And don't forget, people who sign as witness's to the signing of the will do not have the right to read the contents of the will, all they are signing to is to confirm that they witnessed the originator/deceased person sign the will which also has nothing to do with any medical or mental appraisal.
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Old 16th April 2012, 13:50   #4 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

Also be aware that if you have a UK or a Will in another country that one will become invalid as your Will is as said, your Last Will and Testament is the only valid one..
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Old 16th April 2012, 14:45   #5 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

I recently made a Turkish will without the help of a solicitor. I used a translator who took me to the notary who then wrote my will according to my instructions. No need for medical appraisal. The translator also said that I still needed an English will as I had property in the UK and the Turkish will didn't cover it. My Turkish will covers any property, cars or money in bank accounts here in Turkey only. I have a copy, the notary has a copy and a copy went to the consul in Ankara. This was in Fethiye.
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Old 16th April 2012, 14:49   #6 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

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Originally Posted by MIM View Post
Also be aware that if you have a UK or a Will in another country that one will become invalid as your Will is as said, your Last Will and Testament is the only valid one..
No it doesn't. As long as the wording is correct on both wills there isn't an issue.

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Old 16th April 2012, 16:21   #7 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

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Originally Posted by MIM View Post
Also be aware that if you have a UK or a Will in another country that one will become invalid as your Will is as said, your Last Will and Testament is the only valid one..
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No it doesn't. As long as the wording is correct on both wills there isn't an issue.

JF
JohnF is quite correct, providing the wording is correct, which is also advocated by Turkish government especially if and where property is involved.

Heck, this subject had been around the bush that many times I find it depressing that people are still getting it wrong.

On the Turkish governments web site they state they will honour a UK will.
(sorry I no longer have a link to the exact wording)
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Old 16th April 2012, 16:45   #8 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

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Heck, this subject had been around the bush that many times I find it depressing that people are still getting it wrong.
It comes round every year, usually about when the summer flights start!

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On the Turkish governments web site they state they will honour a UK will.
Unfortunately, what they say on a web site and what happens locally in front of the judge are two entirely different things.

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Old 16th April 2012, 17:55   #9 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

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It comes round every year, usually about when the summer flights start!


Unfortunately, what they say on a web site and what happens locally in front of the judge are two entirely different things.

JF
This goes round in circles with everybody stating what they think. If it is any help I have a letter from the Turkish Embassy stating that under Turkish law my UK will is legal in Turkey. Just to be extra careful our house is in my name only so that if my husband dies before me I will have no problems. If I die it seems that under this family portion thing he would get it anyway and if they see fit to give some of it to our sons, well that is ok too.
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Old 16th April 2012, 18:30   #10 (permalink)
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Re: Making a Will - is Psychiatrists Report really necessary?

Like everything in Turkey, it all comes down to local interpretation and implementation - get the right judge, no problem, get the wrong judge... your heirs can be faced with years of court appearances and hoops to jump through.

Good estate planning is essential if you have immoveable assets in Turkey. There are several methods available to ensure the process is easier than going via the courts, all it takes is a bit of lateral thinking.

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