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Old 30th January 2017, 20:15   #1 (permalink)
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Turkish Will or POA?

I was intending to visit a lawyer on my next visit to Turkey in order to set up a Turkish will. Friends in Turkey who are in a similar situation to myself have not gone down this road preferring instead to give POA to trusted family relatives. I was dubious about such a move but was amazed on visiting an NGO advice centre that they recommended the same( whilst acknowledging it was a pragmatic route rather than being the strictly correct legal route). Would be interested in views and advice from others who have moved to protect their property interest/asset in Turkey.
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Old 30th January 2017, 21:13   #2 (permalink)
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Re: Turkish Will or POA?

POA becomes nul and void when the person dies, it dies with the person.
If making a Will unless done properly becomes your last Will & testament and therefore can /may negate any previous Will.

POA can be ........................... ?
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Old 31st January 2017, 11:48   #3 (permalink)
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Re: Turkish Will or POA?

Quote:
Originally Posted by juco View Post
POA becomes nul and void when the person dies, it dies with the person.
If making a Will unless done properly becomes your last Will & testament and therefore can /may negate any previous Will.

POA can be ........................... ?
Didn't know the POA dies with the person.....but you're right.

This article seems to explain it quite well:
https://www.thebalance.com/power-of-...duties-3974714

It also states 'Only if you're also named as the executor or administrator of the probate estate would you still have authority over bank accounts and other assets'.

So, I suppose the question is, can someone be named executor or administrator here in Turkey?
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Old 31st January 2017, 18:02   #4 (permalink)
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Re: Turkish Will or POA?

Quote:
Originally Posted by Tenpin View Post
Didn't know the POA dies with the person.....but you're right.

This article seems to explain it quite well:
https://www.thebalance.com/power-of-...duties-3974714

It also states 'Only if you're also named as the executor or administrator of the probate estate would you still have authority over bank accounts and other assets'.

So, I suppose the question is, can someone be named executor or administrator here in Turkey?
In the UK a named executor has no powers until given authority by the Probate Office to act as the deceased's executor. Much paperwork is involved to get authority, not least the submission of the will and a statement of all the deceased assets and liabilities.
As well as supplying the right paperwork, you need to swear an executor’s oath that the details you’ve provided are correct.

I have no idea whether Turkey has a similar system and hope I never have the need to find out.
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Old 1st February 2017, 18:59   #5 (permalink)
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Re: Turkish Will or POA?

Sorry you are wrong I had Poe with my mother and it died with my mother but I was the executor of my mothers will and there was no probate as I did it all my self
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Old 1st February 2017, 19:14   #6 (permalink)
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Re: Turkish Will or POA?

Quote:
Sorry you are wrong I had Poe with my mother and it died with my mother but I was the executor of my mothers will and there was no probate as I did it all my self
Yes that is possible but it depends on other factors and what's involved.
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Old 1st February 2017, 22:22   #7 (permalink)
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Re: Turkish Will or POA?

Hi Christella, Juco
The thread starter is about dealing with a Turkish property after death. I accept that in the UK there are some exceptions to the general Probate rule but not to my knowledge where sole ownership of property is involved. If I’m wrong I’m happy to be corrected.
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Old 1st February 2017, 22:45   #8 (permalink)
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Re: Turkish Will or POA?

Quote:
The thread starter is about dealing with a Turkish property after death. I accept that in the UK there are some exceptions to the general Probate rule but not to my knowledge where sole ownership of property is involved. If I’m wrong I’m happy to be corrected.
I already discussed with OP offline regarding Turkey.

As I stated earlier probate depends on circumstances, in the UK with most `financial`l issues it is subject to individual information and it is impossible to give a one answer covers all as one part of the equation can impact on other parts.

Probate:
My father left a Will. Do I need to do probate? | lawpack.co.uk
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Old 2nd February 2017, 07:42   #9 (permalink)
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Re: Turkish Will or POA?

Hi
I have a question about what happens in Turkey if I or my partner dies, we have lived together (registered by tax authorities in Sweden) for about 8-10 years but are not married.
We share a villa (on Tapu) in Turkey, I have a son but she has no children but brothers and sisters and kids of theirs.
What does the Turkish law say when one of us dies? Anybody had any simular experiences?
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Old 2nd February 2017, 09:17   #10 (permalink)
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Re: Turkish Will or POA?

Quote:
Originally Posted by BjornAndMahnaz View Post
Hi
I have a question about what happens in Turkey if I or my partner dies, we have lived together (registered by tax authorities in Sweden) for about 8-10 years but are not married.
We share a villa (on Tapu) in Turkey, I have a son but she has no children but brothers and sisters and kids of theirs.
What does the Turkish law say when one of us dies? Anybody had any simular experiences?
This has been covered many times on this forum, you will have to do your homework before coming to any hard and fast decisions.

You can ask 5 "experts" and get 10 different opinions! As long as you keep in mind that solicitors, avukat's or whatever (like everywhere else in the world), are in business purely to make money, you won't go far wrong.

In a nutshell, this is my understanding of the position in Turkey.

1. Turkey has clear laws on inheritance that are paramount. That's why the majority of people in Turkey do not have wills.
2. It is only in exceptional circumstances that a court takes into consideration the will of the deceased.
3. If you have been married just once and/or only have children of that marriage AND you have no objections as to who gets what, I don't think there should be any problem. However, that model (especially for us Westerners) does not apply most of the time.

Subject to what other forum members believe, in your situation if one of you die before the other, the assets of the estate is divided between the survivors using a legal and pre-determined formula.

Last edited by Devil's_Advocate; 2nd February 2017 at 18:22..
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