Turkish Inheritance Law - as clear as mud!

[nichola]

This is the bit that causes the most problems for foreigners making a will in Turkey because you can't make a will that is outside of the law as set in the Civil Code. Basically  the state has decided how your inheritance will be "portioned" and to whom it will go.

Reserved portion law in Turkey

A person is free to make testamentary dispositions in preparation of a will within the limits set by the Civil Code.

Articles 452-453 of the civil Code guarantee a portion of the will as the rights of offspring, father and mother, brother and sister and surviving spouse. According to this,

A) the reserved portion and legal inheritance right of offspring is 75%

B) the reserved portion of inheritance for father and mother is 50%.

C) The legal inheritance right for every brother and sister is 25%.

D) If the surviving spouse shares inheritance in other situations but no with children, the reserved portion is 50% of the legal inheritance right.

E) If the deceased person leaves some wealth to an association which is working for public benefit or to a foundation which has tax exemption, in those cases reserved portions are 2/3 of the amount mentioned above.

Read the full text here

http://insideguidetoturkey.com/the-guide/essential-information/item/576-wills-and-inheritance-in-turkey

[JohnF]

Basically  the state has decided how your inheritance will be "portioned" and to whom it will go.

If you're from the UK then it does seem a bit draconian that you cant leave what you want, to whom you want.  However, it's not only Turkey that has "reserved portions" when it comes to inheritance law.  France, Germany, Malta and several provinces of Spain have the same legislation - and I'm sure there's a few others.

Not saying it's right, not saying it's wrong...

JF

[kevin3]

What is wrong is a Turkish solicitor taking money for drawing up a will that they know will be overruled
by Turkish Inheritance Law.

[nichola]

Only if they don't write a will that doesn't conform to Turkish law, but it is possible to for example list the house as the family home meaning that as long as the surviving spouse is alive the house can not be sold. The kids/parents/whoever will have to wait for their inheritance; so Şule told me.

I know that if you are happy with the way your estate will be "portioned off" there is  no need to write a will over here, but the above example might be one reason why you might want too and there might be other reasons too. An honest lawyer like Şule will advise.

[Old Nick]

An absolute nightmare these days with so many families divorcing and marrying again with children on both sides, couples not being married with children by several partners the list is endless! I would advise anyone who is thinking of having assets anywhere other than U.K. if in fact they are British, to do their homework and proceed with caution.

[tiggsy]

Would it be possible to sell your property to your children, before you die? Would this be costly?

[kevin3]

My kids would probably want to borrow the money off me to buy it from me.       

[patrice]

What is wrong is a Turkish solicitor taking money for drawing up a will that they know will be overruled
by Turkish Inheritance Law.

Yeah so right Kevin3 we nearly feel for that one. It was only when my husband asked the solicitor if there would be additional costs if the will needed to be  executed we were them told the full story ...The sad thing is that there are still a lot of owners out there  ignorant of inheritance law.

I know of an owner who's wife sadly passed away  believes he can  just go to the notary and have the owners name changed on the Tapu  :

[grahamturner09]

An absolute nightmare these days with so many families divorcing and marrying again with children on both sides, couples not being married with children by several partners the list is endless! I would advise anyone who is thinking of having assets anywhere other than U.K. if in fact they are British, to do their homework and proceed with caution.

Myself and my partner are not married we have been together for over twenty years and nether of use have children by several partners.

[sadler]

And your point is Grahamturner?