Inheritance Contracts in Turkey: A Guide to Binding Testamentary Arrangements

You want to ensure that your property in Turkey goes to a specific person after your death — and you want that arrangement to be binding, not something that can simply be undone with a later piece of paper. A last will and testament allows the testator to change their mind at any time. An inheritance contract, by contrast, is a bilateral agreement: once signed, neither party can unilaterally revoke it. Under Turkish law, this distinction has significant practical consequences.

What Is an Inheritance Contract Under Turkish Law?

Article 527 of the Turkish Civil Code (TCC) defines the inheritance contract (miras sözleşmesi) as follows: the deceased may, by an inheritance contract, undertake to leave their estate or a specific asset to the other contracting party or to a third person.

The key characteristics flowing from this provision are:

• The deceased (future testator) makes a binding commitment during their lifetime to dispose of their estate or a specific asset in a particular way upon death.
• After the contract is signed, the testator retains full ownership and can continue managing their assets freely during their lifetime.
• However, any testamentary dispositions or lifetime gifts that are incompatible with the inheritance contract can be challenged by the other party.
• Unlike a will, the contract cannot be revoked unilaterally — it requires mutual agreement of the parties to rescind.

The Renunciation of Inheritance Contract

Article 528 TCC governs the second type of inheritance contract: the renunciation agreement (mirastan feragat sözleşmesi). Under this arrangement, a prospective heir agrees in advance — while the testator is still alive — to relinquish their right to inherit.

The renunciation may be:

• Gratuitous: the heir receives nothing in exchange for giving up their inheritance rights
• For consideration: the heir receives a payment or other benefit in exchange

Unless the contract provides otherwise, a renunciation made for consideration also binds the descendants of the renouncing heir.

This type of contract is frequently used to: settle anticipated family disputes about an estate before they arise; exclude certain heirs from specific assets while compensating them now; and provide clarity in cross-border estates where one spouse is a Turkish citizen and the other is not.

Formal Requirements

An inheritance contract is subject to the same formal requirements as an official will: it must be executed before a notary public in the presence of two witnesses, in notarial deed form. Failure to observe these formalities renders the contract absolutely void.

At the notary appointment:

• Both the testator and the other contracting party must appear in person
• Both parties must have full legal capacity (be of legal age and sound mind)
• The contract is drafted in Turkish; a sworn translator may assist if a party does not speak Turkish

Legal Consequences of a Positive Inheritance Contract

Once a positive inheritance contract (TCC Art. 527) is signed, the testator does not immediately transfer ownership. The agreed transfer only takes effect upon death. However, the following constraints apply during the testator's lifetime:

1. Conflicting testamentary dispositions: If the testator later makes a will leaving the same asset to someone else, the other party to the inheritance contract can challenge that disposition after the testator's death.
2. Incompatible gifts: Lifetime gifts that are incompatible with the inheritance contract can also be challenged, subject to the reserved-share rules.
3. Reserved shares: An inheritance contract cannot override the reserved share (saklı pay) of statutory heirs — typically the testator's descendants, surviving spouse, and in some cases parents. If the contract results in a breach of reserved shares, those heirs can bring a reduction (tenkis) action.

Can Foreign Nationals Use Inheritance Contracts in Turkey?

Yes. Foreign nationals who own property in Turkey can enter into an inheritance contract under Turkish law. This is particularly relevant for:

• Foreign property owners who want to designate a specific beneficiary for their Turkish real estate
• International couples (one Turkish, one foreign) who want a binding arrangement for their Turkish assets
• Business owners who want to provide for the succession of a Turkish company interest

An important caveat applies: where a person's estate has connections to more than one country, the applicable law will depend on private international law rules. EU nationals should be aware that EU Succession Regulation No. 650/2012 allows them to choose their home country's law to govern their entire estate. This may interact with or override a Turkish-law inheritance contract. Coordinated advice from lawyers in both countries is strongly recommended.

Inheritance Contract vs. Will: Key Differences

| Feature | Inheritance Contract | Last Will and Testament | |---|---|---| | Parties | At least two | One (the testator) | | Revocability | Not unilaterally revocable | Freely revocable at any time | | Formal requirement | Notarial deed, two witnesses | Holographic or notarial | | Binding on whom | Both parties | Only the testator |

Frequently Asked Questions

Can the testator sell the asset after signing an inheritance contract? Yes — the contract does not transfer ownership immediately. However, if the asset is no longer in the estate at death, the other contracting party may have a claim for compensation or bring a reduction action against other beneficiaries.

What happens if the formalities are not followed? The contract is absolutely void. A document that does not meet the notarial deed requirement has no legal effect as an inheritance contract.

Does a renunciation bind the renouncing heir's children? For consideration-based renunciations, yes — unless the contract expressly limits the renunciation to the signing heir only. For gratuitous renunciations, the effect on descendants does not arise automatically.

Can an inheritance contract eliminate a statutory heir's reserved share? No. A reserved-share heir (descendants, surviving spouse, and in some cases parents) retains the right to claim their statutory minimum. If the inheritance contract results in an arrangement that breaches the reserved share, a reduction action is available.

Is a Turkish inheritance contract valid for assets outside Turkey? This depends on the private international law rules applicable in each country. For foreign nationals with assets in multiple countries, specialist advice covering all relevant jurisdictions is essential.

How Mona Hukuk Can Help

Inheritance contracts are one of the more complex tools in Turkish succession law. Getting the formalities right, calculating reserved shares, and — for international clients — understanding how Turkish law interacts with the law of your home country all require specialist guidance. Our team in Antalya advises foreign clients on inheritance planning in English, German, Russian, and Turkish.

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