Drafting a valid will (Vasiyetname) in Turkey allows foreign citizens to control how their Turkish assets (such as real estate and bank accounts) will be distributed after their death, subject to the limits of Turkish Civil Law.
1. Legal Forms of Wills in Turkey
The Turkish Civil Code recognizes three types of wills, but only one is highly recommended for foreign nationals:
- Official Will (Resmi Vasiyetname): Drafted by a Notary Public in the presence of two witnesses. This is the most secure method because the Notary registers the will in the national database, and verifies the mental capacity of the testator.
- Handwritten Will (El Yazılı Vasiyetname): Must be entirely handwritten, signed, and dated by the testator. Safe custody is difficult to guarantee.
2. The Constraint of Reserved Shares
Even with a valid will, you cannot completely disinherit your legal heirs. Turkish law enforces "Reserved Shares" (Saklı Pay) for children and spouses. A will can only distribute the disposable portion of your estate. Working with a probate lawyer ensures your will is legally enforceable under Turkish law.
Frequently Asked Questions (FAQ)
Can a Foreigner Make a Will in Turkey?
- Official Will: Yes, it is highly recommended to draft it before a Turkish Notary.
- Witnesses: Two witnesses are required during the notary signing.
- Reserved Shares: A will cannot violate the statutory shares of children and spouses.