FORUM
  Home
  Forums
  Photo Gallery
  TLF Donations
  Forum Rules
  Register
  LINKS
  Property Buying Guide
  Didim Google Map
  Weather Station
  FUN
  Arcade Games
  Daily Crossword
  Jen's Chat Room
  Lira Exchange Rates
Old 6th January 2015, 22:49   #1 (permalink)
New Member
 

Thanks: 0
Thanked 0 Times in 0 Posts
dmuk is on a distinguished road
Estate Planning / Property Ownership

I am trying to determine the best course of action for ownership of a property in Turkey. Not the most pleasant topic but wishing to do whatever is required for the future.

If this isn't the best forum to ask, please advise the best place. In the meantime will continue to search this forum.

- Property title is held by mother.
- Mother and father live in property.
- Mother holds Turkish passport but some residency ties outside of Turkey.

What can be done to ensure that mother/father can reside in the property should something happen?
(Assume that should if mother passes away, father retains rights - does ownership transfer automatically?)

If both pass away, where would property title transfer to? Oldest child? Does person need to be Turkish citizen?

Is a Turkish will and non-Turkish will required?

I understand the property title can be transferred now but at a cost. Does anyone know much about this?
dmuk is offline send PM Reply With Quote Share on facebook
Old 6th January 2015, 23:02   #2 (permalink)
Senior Member
 

Thanks: 1,183
Thanked 2,990 Times in 1,883 Posts
evo80 has disabled reputation
Re: Estate Planning / Property Ownership

Do a search in top of forum to get a answer.
evo80 is offline send PM Reply With Quote
Old 6th January 2015, 23:02   #3 (permalink)
________
 

Thanks: 3,615
Thanked 9,600 Times in 4,627 Posts
kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute kemerkid has a reputation beyond repute
Re: Estate Planning / Property Ownership

.

Last edited by kemerkid; 7th January 2015 at 14:27..
kemerkid is offline send PM Reply With Quote
Old 6th January 2015, 23:55   #4 (permalink)
"Light Years Away"
 
newhorizon's Avatar
 

Thanks: 511
Thanked 2,907 Times in 1,476 Posts
newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute newhorizon has a reputation beyond repute
Re: Estate Planning / Property Ownership

Hi dmuk,
Welcome to TLF.
Theres a lot of information on this forum.
However doing a quick search on in the search box for "Wills" has brought out several threads, one of which is:


Making a will in Turkey

there are many more I've not copied them here.

If you search some more you may find one suited to your needs and check how old the thread is and laws, rules etc keep changing and ask questions on it if you do not find the info you are looking for.

Good luck.
__________________
Keep Fighting Schumi F1 will not be the same without you....
newhorizon is offline send PM Reply With Quote
Old 7th January 2015, 07:07   #5 (permalink)
Senior Member
 
beyazbayan's Avatar
 

Thanks: 516
Thanked 3,853 Times in 1,594 Posts
beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute
Re: Estate Planning / Property Ownership

You need to remember that Turkish Law will override any clauses in the will that do not comply with this law. The consul used to do a booklet on this subject may be worth sending them an e mail they do not answer the phone locally it will be redirected to iSTANBUL but you can send e mails.
beyazbayan is offline send PM Reply With Quote
Old 7th January 2015, 08:25   #6 (permalink)
Senior Member
 
Spike's Avatar
 

Thanks: 28
Thanked 106 Times in 64 Posts
Spike will become famous soon enough Spike will become famous soon enough
Re: Estate Planning / Property Ownership

Do a google on "turkish inheritance law" and you will find articles from several law firms that will explain who will inherit how much of the property.

If the main point is to ensure that mother/father can continue to live in the property for their lifetime, then a solution is to get the tapu put into joint names. This will involve some costs, as effectively the mother is selling half of her property to the father. Then, (and this can be done the day after obtaining the joint tapu) go to the Tapu office again and ask for a new tapu with "Intifa hakki". This gives the right to both co-owners to stay in the property until death of the final survivor.
Spike is offline send PM Reply With Quote
Old 7th January 2015, 14:03   #7 (permalink)
New Member
 

Thanks: 0
Thanked 0 Times in 0 Posts
dmuk is on a distinguished road
Re: Estate Planning / Property Ownership

Thanks for all the replies.

I have done some further searching and unexpectedly appears to be a legal minefield. I'll keep reading through.

Wills

In some cases it seems like a will can slow things down. And any will needs to comply with Turkish law.

Am I correct in interpreting this to mean that - if you write into your will that property passes to oldest child only - this does not comply with the law and will be ignored?

Tapu

Another options is changing the property title (or Tapu) and ensuring both parents can stay in the property. I need to check whether changing the ownership to the child now, while parents are living is practical?

Is there any online source to determine the cost? Does capital gains apply here (ie tax payable on the increase in property value from first purchase to transfer)?

Guidance

@beyazbayan You mentioned contacting the consul? Are you referring to the Turkish Consul; and would this document be in English?


Turkish Law Links - I cannot post full links but these are useful for others:
admdlaw.com/succession-in-turkey/#.VK0ooKi88Tl
adviceturkey.org/our-archive/2-current-advice-factsheets/8-factsheet-on-inheritance-in-turkey.html
dmuk is offline send PM Reply With Quote
Old 7th January 2015, 15:40   #8 (permalink)
Senior Member
 
beyazbayan's Avatar
 

Thanks: 516
Thanked 3,853 Times in 1,594 Posts
beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute beyazbayan has a reputation beyond repute
Re: Estate Planning / Property Ownership

Yes re inheritance you can not favor one child or dis-inherit another. Capital gains do apply but i believe that is if the property is sold within a certain time period erg five years. The booklet was produced by the British Consul here and in English look on the government web site may be there.
beyazbayan is offline send PM Reply With Quote
Reply

Tags
estate , ownership , planning , property


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Selling Property with shared ownership? ChrisPearson Tapu/Dask/habitation certificates 13 8th January 2014 22:36
Simple Estate Planning JohnF Births, Deaths & Marriages 2 25th April 2012 19:27
Property ownership in Turkey kemerkid Useful information and articles about Turkey 2 4th August 2011 12:00
Checking the ownership of a property gipsybabe Tapu/Dask/habitation certificates 3 8th July 2009 12:05



All times are GMT +1. The time now is 00:29.
TurkishLiving.com tested by Norton Internet Security TurkishLiving.com tested by McAfee Internet Security
Powered by vBulletin® Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.
Style Provided By: Wrestling Clique - Wrestling Forums
TurkishLiving.com


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155