Drafting a Will in Turkey: Comprehensive Guide for Foreigners

For foreign-national persons who own real estate, bank accounts, or commercial activities in Turkey, drafting a will is the most powerful way to ensure inheritance is distributed according to their own intent. A well-drafted will:

• Removes uncertainties among heirs,
• Is an effective tool in tax planning,
• Helps avoid court litigation,
• Reduces uncertainties in international inheritance.

This guide explains the process and key considerations of will drafting by foreigners in Turkey.

Will Types

Three types of wills are recognised under Turkish law:

1. Handwritten Will

A will type that the deceased writes in their own handwriting with date and signature. Conditions:

• The entire will must be in handwriting (not typewritten),
• Date and signature must be in deceased's handwriting,
• Content must be clear and understandable,
• May be in foreign language; however, sworn translation must be done for application in Turkey.

Advantage of handwritten will is being simple and low-cost; however, it can be weak against future objections (forgery claims, etc.).

2. Official Will (Notary Will)

A will drawn up before a notary or authorised official, in the presence of two witnesses. Conditions:

• Deceased states will content to notary or official,
• Official writes will,
• Read in presence of deceased and two witnesses,
• Deceased confirms content and signs,
• Witnesses sign.

Official will is safest type; it is extremely difficult to subsequently invalidate. It is the preferred method for foreigners.

3. Oral Will

Can only be drawn up in extraordinary circumstances (war, epidemic, danger of death, etc.). Done orally before two witnesses; witnesses later record it. Rarely used in ordinary circumstances.

Preparing Will Content

A good will should include the following elements:

1. Deceased's Identity Information

Name, surname, date of birth, ID number, home-country citizenship, last residence.

2. Identification of Heirs or Beneficiaries

Whom is the deceased leaving what to? Heirs must be clearly identified:

• Spouse,
• Children (which child gets which property),
• Other relatives,
• Third parties or institutions (foundation, association, etc.).

3. Property Subject to Inheritance

Which property goes to whom is detailed:

• Real estate with title information,
• Bank account information (even if not closed),
• Company shares,
• Art works, collections,
• Other personal items.

4. Will Provisions

• Testamentary appointment — designation of a beneficiary for a specific property or share,
• Designation of will creditor — giving of specific amount or item,
• Substitute heir designation — if person designated in first place predeceases,
• Will executor — person to oversee will execution.

5. Date and Signature

Date of writing and signature are mandatory.

Reserved Share (Mahfuz Hisse)

Under Turkish law, certain heirs are reserved-share holders:

• Children,
• Spouse,
• Parents (under specific conditions).

Reserved-share heirs' shares are mahfuz; cannot be eliminated even by will. When reserved share is violated, the relevant heir may file reduction lawsuit to claim their right.

Therefore, when foreign deceased drafts will, must observe rights of reserved-share heirs; otherwise, significant portion of will may be subject to reduction.

Will Strategy for Foreign Deceased's Property in Turkey

When foreign person owns property in Turkey, two practical approaches exist for drafting will regarding this property:

1. Will Specific to Turkey

A will targeted only at Turkey assets can be drawn up by notary in Turkey. Advantages:

• Directly applicable in Turkey,
• No recognition process needed,
• Formal compliance with Turkish law guaranteed.

2. General Will (in Home Country)

A general will drawn up under home country law can also cover Turkey property. In this case, for application in Turkey:

• Apostille or attestation,
• Sworn translation,
• Recognition decision in Turkey

is required. Lengthy process is practical disadvantage.

Recommended approach is often separate wills for both countries; each directly applicable in own jurisdiction.

Storage of Will and Notification

Will drawn up:

• Can be deposited with notary (official will is already kept),
• Can be entrusted to trusted relative,
• Can be delivered to lawyer.

In case of death, will must be submitted to civil court of peace and the court must open it. During opening, heirs are heard, will validity is checked.

Objection to Will

Heirs may object to will for following reasons:

• Formal invalidity — failure to comply with required formalities,
• Deceased's incapacity — drawing up will with weakened capacity,
• Defect of will — fraud, duress, mistake,
• Reserved share violation — reduction lawsuit is separate route.

Objections are taken to court through invalidity lawsuit or reduction lawsuit.

Termination of Will

Deceased can revoke or change will any time during life:

• By drawing up new will (previous deemed cancelled),
• By tearing up handwritten will,
• For official will, by cancellation procedure at notary.

Inheritance Contract: Alternative Method

Under Turkish law, inheritance contract is a different disposition tool from will. Drawn up between deceased and heir with mutual undertaking; cannot be unilaterally revoked like will. This contract:

• Must be drawn up before notary,
• Contractual arrangement made on specific property or share,
• Suitable for scenarios like family business transfer to next generation.

Will in Tax Planning

Will can be effectively used in inheritance and transfer tax planning:

• Within reserved-share limits, directing inheritance to specific persons,
• Donations to foundation or charity (may provide tax advantage),
• Reducing inheritance through gifts during lifetime.

Planning with professional accountant support can save significant tax for heirs.

Legal Support

For will drafting processes of foreigners with property in Turkey in Antalya, MONA HUKUK provides meticulous legal support: from preparation of will content to notary certification, coordination with home-country will, and where needed inheritance planning — we are with you at every stage. A well-planned will is the most precious legacy you'll leave to loved ones.

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