Author Topic: Turkish Inheritance Law - as clear as mud!  (Read 12851 times)

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Offline Scunner

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #20 on: July 26, 2014, 23:34:50 PM »
Same system as Scotland then



Offline quackers

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #21 on: July 27, 2014, 05:51:01 AM »
My neıghbour wanted to leave hıs vılla to 1 son and not the other sıblıngs. He was told by his solıcıtor that ın Turkısh law he can't do that as the others have a rıght to a share. So he saıd what ıf I sell ıt to 1 son. You can do thıs but ıf the other sıblıngs complaın they wıll be able , in turkısh law, to challenge thıs and get a share but not a full share of the property.
I understand that ın my case ıf my husband dıes I ınherıt 50% of the property the remaınıng 50% goes to our chıldren and they could force a sale and leave me havıng to fınd somewhere else to lıve. Let them try ıt lol.

Offline LeeGlo

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #22 on: July 27, 2014, 08:59:43 AM »
Quakers, if the property is in your husbands name only, then 75% will be split between your children and you will get 25%. If it is in both your names, his 50% will be split 75% to children and 25% to you.
This would give you, your own 50% plus 25% of his share. So you would have 5/8ths and the children 3/8ths.

Offline nichola

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #23 on: July 27, 2014, 10:01:13 AM »
And as I said in a previous post if you have the house registered as the family home you will have the right to live there for life or unless you decided to sell at which point the others would get their share from the proceeds. A lawyer can help you with this.

Offline usedbustickets

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #24 on: July 27, 2014, 10:48:20 AM »
So...  after much legal debate and research, the solution is:

Spend/drink the lot before you go and there will be bugger all left to worry about.

JF

Sound idea, just the timing problem to overcome though!!

Offline usedbustickets

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #25 on: July 27, 2014, 10:51:46 AM »
Quakers, if the property is in your husbands name only, then 75% will be split between your children and you will get 25%. If it is in both your names, his 50% will be split 75% to children and 25% to you.
This would give you, your own 50% plus 25% of his share. So you would have 5/8ths and the children 3/8ths.
OK let's assume this scenario happens, the next question is (any Turkish Tax Lawyers in de 'ouse) will there be any inheritance tax to pay, by either the wife or children?  If so 'ow much, and how is this calculated?

Offline usedbustickets

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #26 on: July 27, 2014, 10:54:59 AM »
And as I said in a previous post if you have the house registered as the family home you will have the right to live there for life or unless you decided to sell at which point the others would get their share from the proceeds. A lawyer can help you with this.
So how do you register the house as the 'family home' is this part of the TAPU process, in which case is that the 'default' position, all houses defined as 'family homes' unless advised otherwise.  Or is there some other process to go through to get the registration.

BTW Nichola, this is a good thread, top drawer even!!

Offline nichola

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #27 on: July 27, 2014, 12:55:00 PM »
Thanks UBT   :)

This is where it would be necessary to make a will or have something legal in writing. I understand and am aware of all the problems that people have had in the past with illegal wills being made that don't conform to Turkish law so they have basically paid out good money for something not worth the paper it is written on.

If you are happy with how the state divides it all up then no problem, and no need for a will. But there may be things as mentioned above like registering the home as a family home and maybe other things I'm not aware of where there could be some options open to you.

My advice is to take legal advice. Someone like Şule will explain your options and then it is up to you to decide what to do.

Offline loz

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #28 on: July 27, 2014, 13:27:46 PM »
Inheritance Tax, yes you will pay this and the percentage depends on whether there is a Will or not, no will less tax, with a Will, take out a mortgage, yes I have got that the right way round.   


Family home is deemed so, if the owners are residents,  by making a Will and insisting that it is adhered to, then it will cost you, maybe at todays costing £5-10k,  let the state divide it up, then it will still cost; as foreigners the certificates will still need to be apostile and court cost plus judge fees and own country lawyer fees. it all racks up. 


Lucky for us we no longer have this dilema.  So I will tell you what we had in place, yes it was not the right way to do it, so what, it saved heart ache, and we are all willing to give POA to complete strangers Agents, builders, lawyers etc and to all you do gooders who say, how awful and what a terrible person I am, you can go to hell!
We both had POA (Power of Attorney)  giving each the right to buy or sell in the others absence, neither of us had any intention of waving a death certificate. 


I hope if our friend is reading this will forgive me,  Our friend did not own property she rented, Our friend had a daughter, they both decided to pool their money and put it in Finans bank for the higher interest, unfortunately her daughter became ill and returned to UK for treatment, (yes another story about tourist health in the UK, another thread maybe).  The manageress at Finans would often ask our friend how the daughter was, very friendly how helpful such caring people blah blah blah.  Unfortunately, the daughter only in her early 30's died; our friend went to the bank to withdraw some money, the manageress asked again, how was the daughter, our friend told her the news, the manageress gave lots of sympathy and I am so sorry to hear this.  Our friend went to the counter to withdraw money, in the mean time the the very sympathetic manageress was upstairs freezing the bank account.



Offline Scunner

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Re: Turkish Inheritance Law - as clear as mud!
« Reply #29 on: July 27, 2014, 13:48:41 PM »
Wise words. Everything you need to know is in the reply above.




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