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Old 21st May 2013, 13:10   #1 (permalink)
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Will regarding Property in Turkey

Please can somebody give me advice as to making sure that my property in Turkey, should I die, be left to my beneficiaries under Turkish Law.

I have in the past made an English Will and included my Turkish Property in it and had an apostil obtained on this in London by the British Embassy, but was informed last year when in Turkey, that this is not recognised and I should make a separate Will in Turkey regarding my Turkish Property. There are so many conflicting views on the subject that I still don't know what is correct and what is legal. The problem is I am not sure what Turkish Law
requires and so I pose the following questions:-

1. Should I make a Will in England showing all my assets both in England and
Turkey perhaps have it translated into the Turkish language and
have an apostil obtained on it by the turkish embassy in London.
Would this be recognised under the Inheritance Tax Rules in Turkey


2. Make a Will for english property only and a Will in Turkey for Turkish
property only? If this is correct how do I go about making a Will in
Turkey.

I would appreciate any comments.

Thank you Anne
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Old 21st May 2013, 13:19   #2 (permalink)
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Re: Will regarding Property in Turkey

Yesterdat finalised a courtcase for one of my client, who dies 8 month ago. He had an turkish will where he has left his property and any money in turkish bank account to his turkish girlfriend.

The court has deceided that even a notarised will has no power at the court. The court has deceided that any real estate and money will be shared between all legal family members.

I was als shocked about this, asked the judged why he ignored the official will done at the notary public in turkey! His answer was that there is no legal rule that allows people with a will to take the real estate or money. It is alsways shared with the proofed and accepted family members. FYI
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Old 21st May 2013, 13:27   #3 (permalink)
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Re: Will regarding Property in Turkey

Thank you for your reply.

My property in Turkey would be shared amongst my children which are my family.

How do I go about making sure this is done. As above I have posed 2 questions and just want to understand what I should do for the Turkish Authorities to recognise my wishes.

Thank you
anne
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Old 21st May 2013, 13:40   #4 (permalink)
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Re: Will regarding Property in Turkey

Quote:
Originally Posted by mrtgroup View Post
Yesterdat finalised a courtcase for one of my client, who dies 8 month ago. He had an turkish will where he has left his property and any money in turkish bank account to his turkish girlfriend.

The court has deceided that even a notarised will has no power at the court. The court has deceided that any real estate and money will be shared between all legal family members.

I was als shocked about this, asked the judged why he ignored the official will done at the notary public in turkey! His answer was that there is no legal rule that allows people with a will to take the real estate or money. It is alsways shared with the proofed and accepted family members. FYI
I would have thought that was an inevitable outcome of perusing a Turkish will through the Turkish courts, and the reason as a UK citizen I shall not be making a Turkish will.
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Old 27th May 2013, 22:54   #5 (permalink)
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Re: Will regarding Property in Turkey

Quote:
Originally Posted by mrtgroup View Post
Yesterdat finalised a courtcase for one of my client, who dies 8 month ago. He had an turkish will where he has left his property and any money in turkish bank account to his turkish girlfriend.

The court has deceided that even a notarised will has no power at the court. The court has deceided that any real estate and money will be shared between all legal family members.

I was als shocked about this, asked the judged why he ignored the official will done at the notary public in turkey! His answer was that there is no legal rule that allows people with a will to take the real estate or money. It is alsways shared with the proofed and accepted family members. FYI
Here's probably a misconstruction of the courty decision.

A will of a foreigner -which is translated by a sworn interpreter and notarized- is a valid document before Turkish authorities. However, the foreigner can not eliminate the "reserved portion" principle of Turkish inheritance law.

I had explained what reserved portions was long while ago in this site. Concerned members of this issue may take a look at those posts.
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Old 28th May 2013, 06:38   #6 (permalink)
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Re: Will regarding Property in Turkey

So in other words, if you make a will in Turkey that states you want your property leaving to anyone who is not a direct member of your family regardless of the fact that you have it signed sealed and notarised in Turkey according to the advice we are given, they will just bloody ignore it anyway.

T.I.T.
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Old 28th May 2013, 10:35   #7 (permalink)
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Re: Will regarding Property in Turkey

Quote:
Originally Posted by Ceni View Post
So in other words, if you make a will in Turkey that states you want your property leaving to anyone who is not a direct member of your family regardless of the fact that you have it signed sealed and notarised in Turkey according to the advice we are given, they will just bloody ignore it anyway.

T.I.T.
Anyone can make mistakes, the judges as well. What you should do is appealing to the higher court if such a will is ignored by the local court.
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Old 28th May 2013, 10:45   #8 (permalink)
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Re: Will regarding Property in Turkey

As Celtic has written Turkish Law governs Turkish property regardless of the nationality of the parties involved it has been said on this forum time and again.
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