Recognition and Enforcement of Foreign Wills in Turkey

A will drawn up before a court or notary abroad does not have direct effect on assets in Turkey. For a foreign will to be applicable in Turkey, the recognition process must be conducted. This guide explains how a foreign will is recognised under Turkish law, what conditions are assessed, and the practical steps of the process.

Position of a Foreign Will Under Turkish Law

A foreign will under Turkish law:

• Is generally formally valid if drawn up in formal compliance with foreign law,
• Must not produce outcomes that are contrary to Turkish public order,
• For effect on real estate in Turkey, compliance with the reserved-share provisions of Turkish inheritance law is important,
• Does not override the rights of reserved-share heirs in any case.

Within this framework, a foreign will enters the evaluation process in Turkey as an official legal document.

Recognition vs. Enforcement: Which Applies to a Will?

Recognition and enforcement are separate concepts for foreign court decisions:

• Recognition: A foreign decision gaining conclusive judgment force in Turkey. Recognition is sufficient for wills.
• Enforcement: A foreign decision gaining enforceability. Enforcement is generally not needed for the application of a will; however, any debt or receivable provisions based on the will may require enforcement.

Which Courts Have Jurisdiction

For recognition of a foreign will, the Civil Court of Peace or the Civil Court of First Instance has jurisdiction. Territorial jurisdiction is determined by:

• The deceased's last place of residence in Turkey,
• Failing that, the place where the assets subject to inheritance are located.

For a foreign national who died while resident in Antalya, the relevant court in Antalya has jurisdiction.

Conditions Assessed for Recognition

For a foreign will to be recognised in Turkey, the following conditions are reviewed:

1. Formal Validity

The will:

• Must be formally valid under the law of the country where it was drawn up,
• This is proved with documents from the competent authority of the foreign country,
• Since each country has its own will forms, the form used matters (handwritten, notary, judicial, etc.).

2. The Deceased's Capacity

It is essential that the deceased had testamentary capacity at the time the will was drawn up. When a capacity challenge is raised, an additional evidence review is conducted.

3. Absence of Conflict with Public Order

The will's content must not be obviously contrary to Turkish public order. Dispositions that violate fundamental human rights or produce legally prohibited outcomes will not be recognised.

4. Not Within Turkish Courts' Exclusive Jurisdiction

Decisions and dispositions on matters within the exclusive jurisdiction of Turkish courts are not recognised. Since rights in rem over real estate in Turkey fall within this scope, the regulation of such rights through a foreign will is generally not recognised; however, other aspects of the will may be.

5. Protection of Reserved Share

If the will infringes Turkish reserved-share regulations, the relevant reserved-share heir can protect their rights by filing a reduction lawsuit.

Steps of the Recognition Lawsuit

Step 1: Preparing Documents

The documents to be submitted for the recognition lawsuit include:

• Original or certified copy of the will,
• Apostille or consular attestation,
• Sworn Turkish translation and notary certification,
• Death certificate of the deceased (apostille certified),
• Civil registry information of the deceased,
• Documents establishing the heirs.

Step 2: Preparing and Filing the Petition

The petition is filed with the competent court, setting out:

• Details of the will for which recognition is sought,
• That the recognition conditions are met,
• The content and legal effect of the will.

Step 3: Trial

The court:

• Audits the will's formal validity,
• Examines the deceased's last place of residence and applicable national law,
• Evaluates whether any obstacle exists under Turkish law,
• Examines the position of reserved-share heirs,
• Decides whether to grant or refuse recognition.

A recognition lawsuit is generally a formal review proceeding that does not require witness evidence; however, if a dispute arises, the process may take longer.

Step 4: Decision and Registration

Once the recognition decision becomes final:

• The will becomes applicable in Turkey,
• It serves as the foundational document for title, bank, and company share transfer transactions,
• Inheritance distribution is completed alongside the certificate of inheritance.

Objection to a Foreign Will

During or after the recognition lawsuit, other heirs may challenge recognition by raising:

• The will's formal invalidity,
• The deceased's incapacity,
• Conflict with public order,
• Reserved share violation.

These objections may prevent recognition or protect the reserved share through a reduction lawsuit.

Practical Scenarios

Scenario 1: Will Drawn Up in Germany

A will drawn up before a German notary by a German citizen may cover their villa in Antalya, Turkey. This will is rendered applicable in Turkey through:

• Apostille certification,
• Sworn German-Turkish translation,
• Submission to the Turkish court for a recognition decision.

If Turkish heirs with reserved-share rights exist, their rights are observed throughout.

Scenario 2: Will Drawn Up in the USA

A will issued in a US state can be recognised through the Turkish judicial route after attestation by the state apostille authority. Will forms vary by US state; whether Turkish law accepts the form as formally valid is evaluated under the applicable state law.

Scenario 3: Country Without Apostille

For a will drawn up in a country that is not party to the Apostille Convention, a consular attestation chain is required. The process is longer than with apostille; however, a recognition lawsuit can be filed once the chain is complete.

Strategy: Backup Will Drawn Up in Turkey

To prevent complications, a foreign national may draw up a separate will in Turkey before a notary for assets held in Turkey. This approach:

• Eliminates the recognition process,
• Creates a document that Turkish courts can apply directly,
• Reduces delays and cost risk,
• Should be prepared in coordination with the home-country will to ensure the two do not conflict.

Legal Support

In Antalya, for the recognition and application of foreign wills, MONA HUKUK provides complete support: from coordinating apostille certification and sworn translations to filing the recognition lawsuit, managing disputes among heirs, and completing final transfer transactions. Having a foreign will given legal effect in Turkey is a critical step in ensuring your loved ones' last wishes are honoured.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.