Calis Beach and Fethiye Turkey Discussion Forum

Calis Beach Forum => Expat & Property Owners Q and A Forum => Topic started by: stoop on February 02, 2016, 10:52:43 AM

Title: Making a Turkish Will/ adding name to Tapu
Post by: stoop on February 02, 2016, 10:52:43 AM
Has anyone got the name of a reliable solicitor who can draft a will for us?

Basically we need a will that makes sure as much of our property as possible goes to the spouse (wife) on the death of the husband.

We have a fairly complicated set up in that we own 50% of our property with our best friends owning the other 50%. When we bought it we were advised to put it in one name so we put it in our friends name.

We have no issues at all with trust (apart from who's round it is   ;)) as we have known each other for over 40 years but we are starting to think about what would happen should the worst happen and don't want to be left with a minefield to cross.

Jim and Sue have two grown up children and only Sue has a parent left (I know parents can be included when property is divided).

So I thought - Turkish will leaving the property to Sue.

English will - leaving 50% of the property to Maggie and I.

That seems far to simple though doesn't it?

Or do we just get the tapu changed to add Maggie or me to it?

Any thoughts? Costs?
Title: Re: Making a Turkish will
Post by: KKOB on February 02, 2016, 11:15:31 AM
Only two thoughts.

A Turkish will isn't worth the paper it's written on.

If the property is in your friend's name, they own the property .
Title: Re: Making a Turkish will
Post by: stoop on February 02, 2016, 11:19:03 AM
Thanks for that!

We know they own the property - that's why we are looking at the best way to stop any problems in the future.

Maybe we will just have to bite the bullet and have one of our names added to the Tapu as owner.

Has anyone any idea how much this would cost and who is best to sort it for us seeing as Turkish wills are so poor according to Kkob?
Title: Re: Making a Turkish will
Post by: stoop on February 02, 2016, 11:41:48 AM
Does anyone know for sure that this came in? It might mean adding my name won't require Military clearance as our property obviously already has it:


http://www.propertyturkey.com/news/foreign-buyers-to-get-title-in-one-day
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: spo6666 on February 02, 2016, 15:23:20 PM
When we bought our villa in October, we did not need the military clearance because the previous owner (English) had already had it done.
If that helps?
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: littlereddevil on February 02, 2016, 15:34:08 PM
I don't think you can just add your name, you will have to buy in
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on February 02, 2016, 16:29:24 PM
I understand that. We would have to purchase or transfer 50% and pay the appropriate taxes. However not having to get Military clearance will help I'm sure.

It seems the best way forward especially as both families have two children and one parent living now.

Something to mull over for the next month or so.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: littlereddevil on February 02, 2016, 22:55:27 PM
The will situation was one of the reasons we sold up
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: sadler on February 03, 2016, 08:55:51 AM
Us too, Littlereddevil, amongst several other reasons. :(
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: legless on February 03, 2016, 09:10:48 AM
Seems a bit drastic, selling up because of the will situation.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: kevin3 on February 03, 2016, 11:42:03 AM


  Will you can't take it with you.!!     :)                            Me coats on.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on February 03, 2016, 11:44:41 AM
I suppose if you don't want part of your property to go to extended family then selling up might be an option. We have no worries about that so think adding my name to the Tapu would probably be the easiest method.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: littlereddevil on February 03, 2016, 13:17:07 PM
Seems a bit drastic, selling up because of the will situation.


It means the £105000 can go to who I want it to go to, instead of the property being left empty forever and no-one getting anything, as would happen in my personal situation.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: JohnF on February 03, 2016, 13:39:35 PM
It means the £105000 can go to who I want it to go to

You can give it to me if you want - I'll send you my bank details or would PayPal be easier?

JF
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: sadler on February 03, 2016, 14:33:10 PM
 
Seems a bit drastic, selling up because of the will situation.


Not my sole reason by any means, but just another cause for some concern.  Given our very complicated family make-up and more importantly, the upset it would cause to certain members who we would wish to inherit but wouldn't under Turkish law and the knowledge that a certain family member who we would not wish to benefit from our demise - would benefit - not at all drastic.   :)
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: Dutchie on February 05, 2016, 09:22:26 AM
When the owner of a property is married and has children, parents don't receive anything.

As far as I understood is that Jim is on paper the sole owner of the property.  If he passes away, Sue will receive 1/4 ownership of the property and the remaining 3/4 will be shared equally amongst the children.

Like others have pointed out before...a will won't change anything.

If you want to be on the Tapu, you will need to pay the costs involved with a regular property transaction. You can be on the Tapu for 1/2 but you could also choose for 1/4 for you and 1/4 for your wife.

If you chose to be on it for 1/2 and you pass away in the future, your wife will get 1/4 of the 1/2 which means 1/8 of the property. Your children share 3/4 of the 1/2 which means 3/8.

If you choose to be on the tapu for 1/4 each and something happens to you or to your wife, the remaining spouse will receive 1/4 of the 1/4 and with his/her own 1/4 this makes a total of 5/16. The children share 3/16 equally.

Hope I've been able to explain things without making it too confusing.

Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on February 05, 2016, 12:17:52 PM
Thanks - that's how I understood it from my research.

 :)
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: snowtop on February 05, 2016, 17:00:21 PM
I use Sule Beder, when my wife died Sule sorted everything legal out and my three siblings are now on my Tapu.  I would give her a ring and just sound her out.
You need someone who knows what they are doing and this is her favourite kind of job.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on February 17, 2016, 16:13:27 PM
Thanks.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 14, 2017, 09:29:56 AM
Well we are reaching decision time and have a trustworthy person willing to help us through the process.

My personal thoughts are to just have my name added due to the the fact our families mirror each other and we both totally trust our kids (and would want them to inherit from us anyway).

Two things put me off adding all four of us:

1. It will cost more as Jim will have to sell 75% instead of 50% of the property, meaning more tax to pay.

2. Correct me if I'm wrong here but wouldn't we pay four lots of council tax if we have four on the Tapu?

Decision not taken yet so I appreciate any thoughts.





Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: bewva on March 14, 2017, 10:23:09 AM
Stoop, one other consideration is that now as an owner but not on the Tapu you are regarded as a guest when you stay as such the owner would have to register you under the new registration scheme each time you stay.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 14, 2017, 11:02:12 AM
Stoop, one other consideration is that now as an owner but not on the Tapu you are regarded as a guest when you stay as such the owner would have to register you under the new registration scheme each time you stay.

Yes - another reason why we are sorting it in the next month or so.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: legless on March 15, 2017, 08:24:40 AM
you all would pay council tax, but it would be still the same as you do now, from what i remember we pay 2 lots but add up to the same   
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 15, 2017, 09:33:20 AM
We've decide to go with just me and Jim. Whatever we do the kids will be part of any settlement and to be honest they will inherit at some point anyway.

Thanks for all your input. Time to get it sorted  :)
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: snowtop on March 16, 2017, 20:43:29 PM
I used Sule Bedded and my 3 kids are on the Tapu and they didn't have to buy into the property
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 16, 2017, 22:48:02 PM
I used Sule Bedded and my 3 kids are on the Tapu and they didn't have to buy into the property


I don't have to buy in - it's just a paper excercise.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 17, 2017, 10:18:17 AM
Something just came to mind.

Suppose we put all four of our kids on the tapu. When we come to sell would they either need to be in Turkey or have arranged POA from the Turkish embassy in the UK?

Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: Scunner on March 17, 2017, 20:25:31 PM
You arrange POA with a local UK Notary Public not the Turkish embassy.

And yes, everyone on the tapu would need to be present or have a nominated POA who can attend.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 18, 2017, 09:54:15 AM
You arrange POA with a local UK Notary Public not the Turkish embassy.

And yes, everyone on the tapu would need to be present or have a nominated POA who can attend.

Cheers Keith. I wonder if anyone knows the cost of arranging POA through a UK Notory office.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: JohnF on March 18, 2017, 10:23:43 AM
£75 or so for the notary public, then £30 plus postage for FCO Apostille fees.

Helpful enough?

JF
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: Scunner on March 18, 2017, 10:28:17 AM
Plus translation fees at the notary in Turkey.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: JohnF on March 18, 2017, 10:41:13 AM
Only asked about UK, he didn't say anything about Turkey  :)

JF
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 18, 2017, 10:47:07 AM
£75 or so for the notary public, then £30 plus postage for FCO Apostille fees.

Helpful enough?

JF

Not really - you could offer to pay
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: JohnF on March 18, 2017, 10:59:33 AM
Sure.  Send me your bank details, debit card CVV and I'll sort that out this afternoon.

JF
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on March 18, 2017, 13:40:48 PM
Sure.  Send me your bank details, debit card CVV and I'll sort that out this afternoon.

JF

You ok - I've already sent them to claim my share of $30m from Nigeria. Should be with me next week.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: stoop on June 23, 2017, 11:07:10 AM
Well we are now all sorted - thanks to Mustafa, AKA Inspector!

We met him in Fethiye at 11am yesterday with his "team" and by 10am this morning we had the new Tapu in our possession with all four of us now named owners.

Highly recommended on CBF and highly recommended by the Groom/Robinson clan.

Thank you Mustafa!

Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: Honey Bee on June 24, 2017, 08:06:53 AM
What was total price for changes ?

Sent from my SM-G920F using Tapatalk

Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: Karennina on August 09, 2019, 16:04:33 PM
Is this still a simple procedure any members know please to remove one name from Tapu and add another.
Thanks in advance
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: KKOB on August 09, 2019, 18:24:22 PM
Expensive !
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: Karennina on August 09, 2019, 22:06:11 PM
Is it expensive?
I didn’t know whether to start a new thread for this or not prob should have as didn’t realise it was from 2017.
May have to drop Inspector a line once the Bayram  holiday is over.
Title: Re: Making a Turkish Will/ adding name to Tapu
Post by: cenk on August 10, 2019, 10:14:52 AM
It will be like selling the share of the property. Tax, valuation report fee, translator fee have to be paid.