Author Topic: How does property inheritance work in Turkey?  (Read 2729 times)

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Offline ArtyMar

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How does property inheritance work in Turkey?
« on: February 11, 2016, 18:10:53 PM »
If the Tapu is in both our names, and one dies, does the other automatically inherit?
Can that person then sell without alteration to the Tapu?
When we both kick the bucket, do our children living in UK and US automatically inherit equal shares?
Can they then sell - what happens to the Tapu? - is it automatically transferred to their names?
Glad to have answers to these questions before the inevitable happens!



Offline JohnF

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Re: How does property inheritance work in Turkey?
« Reply #1 on: February 11, 2016, 19:00:22 PM »
In simple terms, if one spouse dies the surviving spouse automatically inherits 25% of the deceased's estate (they then own 5/8 of property) and the other 75% is shared out (equal percentages) between their offspring.

If you both go at the same time, I believe the estate in its entirety goes to the children and again is divided equally between them.

I've been told (not 100% sure) that it is possible for an inheritor (in this case one of your kids) to sign a waiver that they do not wish to inherit which could make it simpler to get it all in the name of the surviving spouse.  I've also been told, again this is purely anecdotal, that it is possible for your children to "inherit" an immovable asset while the parents are still alive!

Nothing is "automatic" and if you're not Turkish, a decent solicitor is a necessity.

To be honest, Turkish inheritance law can be both a nightmare and a minefield to anyone not used to the principle of "reserved portions" and the combinations of disbursement when there are no children can go back as far as grandparents!

Without wishing to stir up the grand debate over the validity of a Turkish will written by a non-resident, in my (limited) experience Turkish probate courts have mostly applied Turkish inheritance law irrespective of what a will said, or didn't say. 

I'm no expert so happy to be corrected on any of the above!

JF

Offline KKOB

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Re: How does property inheritance work in Turkey?
« Reply #2 on: February 11, 2016, 19:14:06 PM »
On a similar vein, make sure that any bank accounts you have are joint. On the demise of one of the account holders, it's a very good idea, albeit not strictly legal, for the remaining account holder to withdraw as much from the account as possible before advising the bank of the death. Once a bank is advised of the death of a joint account holder, the account will be frozen until completion of probate, which can take months.

Offline JohnF

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Re: How does property inheritance work in Turkey?
« Reply #3 on: February 11, 2016, 19:23:58 PM »
it's a very good idea, albeit not strictly legal, for the remaining account holder to withdraw as much from the account as possible before advising the bank of the death.

Also, not entirely legal and relying on the deceased becoming deceased outside Turkey, is for both spouses to have a wide ranging Turkish POA over each other and if the nufus office dont know the person is dead, neither will the deeds office  ;)

JF




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