Turkish Wills AGAIN

[loz]

I have just read that someone would like to have brought up the case of Turkish Wills in a report of problems facing British Nationals.  Understandably it is a huge confusing problem for Brits to come to terms with and handle during a time of great pain and distress.
When a foreign national makes a Will in Turkey they do not expect change from £300 per person, this is a ludicrous amount of money to pay a lawyer for something that will not be dealt in the manner a Brit expects.

The Turkish Will is never going to be changed to the British way of making or executing a Will; and why should it?  Like Spain, France and USA to name but three countries, all having similar ways of Turkey dealing with a last Will and Testament, would you consider going into their country and asking them to review their system for executing a Will?  Turn the table, a Turk arrives to the UK and wants us Brits to adopt their way of making/executing a Will,  I do not think this would be acceptable and would cause uproar!

The best that can happen is for lawyers to inform British Nationals that the immovable assets will be split according to Turkish Law.  This way when going to make a Will with a lawyer in Turkey you will be told at the outset that the Will you want is not going to be recognised, this would allow the person to make other contingencies.
So maybe by contacting the Legal Bar in Turkey suggesting  ALL lawyers in Turkey to advise persons making a Will to inform them of the procedure, legalities and what to expect.

How many people who have made a Will with a lawyer in Turkey have been advised of the steps, paperwork they will need to set the wheels in motion on the passing of a named person on the Tapu?

How many have been informed of what certificates Birth/Marriage previous death certificates of children, siblings etc. are required and to be Apostille in the UK? Or the Affidavits of Kin (who will be allowed to inherit in Turkey and your Will does not wish them to inherit ) swearing on oath that they do not wish to inherit.  When all this is covered the sending to the Embassy to present to the courts to have ratified in court for the Turkish Will to even be opened.   The list is endless, and hoops you are expected to jump through increase in height.

Maybe just maybe this is the sort of subject to be put forward when voicing the concerns of the British Expat owner of property in Turkey.  However, maybe just a forum like this and word of mouth to those concerned.

What is Apostille Documentation

Apostille DIY application and FAQ's

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[nichola]

I think that Loz has hit the nail on the head here.

That Brits making wills in Turkey are not advised when their wishes or that their Will contravenes Turkish law, and their Will needs to take account of Turkish law when it is being made and therefore this is why there are so many problems at the time of the execution of said Will.

This is the topic mentioned above looking for issues facing nationals living in Turkey to inform a report for the British Government

Please make a contribution as this is an opportunity to have your voice heard.

{A Link to an old CBF topic was here - no longer available}45961

[apollo]

To comply with the law. In addition to Apostille, should documents such as Birth Certificates be translated and notarised?

[loz]

Yes to both, but that is usually done in Turkey, or officials (if in UK and much more hassle)after the Certificates have been Apostille. also paying court fees just to open the Will, That is just a few of the  hoops I was referring to.  

But why go through all that when it is not going to be executed to your last wishes?  

That is the point I am trying to make.

But if I must write it stage by stage then I will, but don't hold your breath on something that is not worth my time.

[puma]

thanks for the info loz

[apollo]

quote:Originally posted by loz

Yes to both, but that is usually done in Turkey, or officials (if in UK and much more hassle)after the Certificates have been Apostille. also paying court fees just to open the Will, That is just a few of the  hoops I was referring to.  

But why go through all that when it is not going to be executed to your last wishes?  

That is the point I am trying to make.

But if I must write it stage by stage then I will, but don't hold your breath on something that is not worth my time.

Thankyou for your informative reply.

However, I am confused why you thought it necessary to add the last paragraph.

[loz]

quote:Originally posted by apollo
However, I am confused why you thought it necessary to add the last paragraph.

Sorry it was not aim at anyone person or member in particular.  I have loads of emails and pm's re this subject, and it is like "Banging a Silent Drum"

[apollo]

After a false start, we are in the process of having our girls birth certificates Apostille.

Please bear in mind that there are two types of certificate. The "Long "cert and the "Short" cert.

It is the "Long" cert which needs to be Apostille. The short cert only shows that you have been born. Which is ok for use within the UK. But here in Turkey the authorities need Mother's and or Father's name. Which only appears on the Long cert.

Thanks to Koray for pointing this out.

[loz]

Thank you Apollo for for bringing this to the attention,  I never for a minute thought to mention the full certificates and not the short version,  just assumed and we all know what Assume saying is  


Just a further update, as of to date, Freda is still awaiting her Tapu in her name regarding the Will (nearly 5 years).

[apollo]

When our girls were born a free short cert was preferable to paying for the long version.No doubt that many parents thought the same.

At the time, the future was unknown. Ah for a crystal ball.