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Turkey’s Inheritance and the Procedure for Its Inheritance

07.07.2020

The number of foreigners purchasing real estate in Turkey is growing every year. Most people of retirement and pre-retirement age move to the Republic of Turkey for permanent residence. This is facilitated by the mild climate of the country and a high standard of living.

Quite often, the question arises about how the transfer of inheritance is carried out in Turkey, in the event of the death of a foreigner who , during his lifetime, owned property or an account in a banking institution in a resort country.

Turkey’s Inheritance and the Procedure for Its Inheritance

Content:

  1. The procedure for the right to inherit real estate in Turkey
  2. There are 3 types of wills in Turkey
  3. Features of the order of inheritance law in Turkey

Turkey’s Inheritance and the Procedure for Its Inheritance

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The number of foreigners purchasing real estate in Turkey is growing every year. Most people of retirement and pre-retirement age move to the Republic of Turkey for permanent residence. This is facilitated by the mild climate of the country and a high standard of living.

Quite often, the question arises about how the transfer of inheritance is carried out in Turkey, in the event of the death of a foreigner who , during his lifetime, owned property or an account in a banking institution in a resort country.

The procedure for the right to inherit real estate in Turkey

The Republic of Turkey has its own procedure for the right of inheritance, enshrined and described in detail in the legislative framework of the Southern State. Here, the heirs of the first stage are the spouse and children. It is worth noting that the children of the deceased have absolutely equal rights:

  • relatives;
  • Adopted;
  • born out of wedlock but recognized by a parent.

In the absence of the wife / husband, the entire inheritance is divided equally among the children, provided that there are no other clauses in the will. When there are no children, the hereditary property goes to the parents of the deceased person or other relatives, according to a certain degree of kinship.

In the event of a dispute in the inheritance of real estate, an appeal is submitted to the court, where the resolution of open disputes is made based on a special table, which spells out the shares of spouses, children and parents.

In practice, there are different situations, for example, if the spouses at the time of the death of one of them were divorced, then the second cannot claim the inheritance. Do not forget that the existing debts are also transferred to the heirs, who have the legal right to renounce the inheritance in favor of other heirs or the state within 3 months.

Inheritance tax is levied on inheritance in Turkey. When there are no heirs, during the 1st year, representatives of the court submit announcements in the media about their search. If the heirs are not declared, the inherited property is transferred to the state.

There are 3 types of wills in Turkey:

  • Official;
  • Written;
  • Oral.

As practice shows, the first type of will is more often drawn up, which is subject to mandatory certification by a notary. The will may be kept by a notary or in the Civil Court. This document can be drawn up by any person who has the right to indicate those people whom he considers necessary to receive property.

A written will can be drawn up without the presence of a notary and kept at home. If disputes arise after the death of a person, then the will will become reasoned evidence from the situation under consideration. An oral will is considered the most unreliable, because the spoken words are difficult to prove and even more so to present in court.

Features of the order of inheritance law in Turkey

When planning the transfer of real estate by inheritance to a foreign citizen, it is necessary to draw up a will with a Turkish notary. Documentation legally executed in other countries is considered valid in Turkey.

To enter into the inheritance of a foreign citizen, it is enough to present a letter from the court of his state, certified in a certain order at the Turkish consulate.

After that, the Turkish court issues an official form, on the basis of which the legal transfer of inherited property takes place. In the event of a dispute, a foreigner has the right to apply to the Civil Court of the Republic of Turkey.

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