Calis Beach and Fethiye Turkey Discussion Forum
Calis Beach Forum => Expat & Property Owners Q and A Forum => Topic started by: Colin White on January 17, 2012, 13:56:47 PM
-
Hi all.
I was wondering; with all the negative comments about Turkish wills not being worth the paper they are written on, would a POA be the answer? That way, if someone was to die (hopefully not)or be too ill to travel to Turkey to sign the paperwork for a sale, the other person would be able to complete the sale, without the need for death certificates etc. We are planning to do this Easter, unless there are any problems with this.
Colin
-
I dont understand, what has the will got to do with power of attorney for a sale?
-
I understand - it's something I've mentioned before. Basically giving someone power of attorney to sell on your behalf so they can sign all the contract and paperwork "as you" - normally because you are back in the UK but in this suggested case you are away on a cloud. I had this idea and basically with wills being problematic, and sometimes long and drawn out, the idea to appoint a power of attorney to clear up your business in the event of your death is probably highly illegal, but attractive all the same.
It goes without saying (though not to some I am sure) that you better had trust your PoA 10000%. The idea I had was for husband and wife to give each other PoA then it doesn't matter who dies first, you have it covered. Lovely topic this!
-
that was the other bit I didnt understand, who would you trust that much?
-
This is the very same thing that I have been telling people to do for years, I asked the Turkish lawyer this question and yes it is not legal,she did say clever though. It would work as long as it was quck and you did not wish to holiday in Turkey again. After the Turkish Will waste of money this is is the only angle to come up with,
4years and our friends Turkish Will still not resolved, (please don't start me again)
-
quote:
Originally posted by tinkerman
that was the other bit I didnt understand, who would you trust that much?
The same person they would trust to sell it if they were alive?
-
What I can't understand is why this is illegal. After all, people give POA to builders and agents when they buy off plan, so that business can be conducted when they are not in Turkey. What is the difference between that and giving POA to your husband/wife/partner, so they can sell your property if you are too ill to travel? Obviously, there is the trust issue, as has been pointed out, but if the trust is there, then that should be OK.
-
You asked about a partner dying or being too ill to travel. Should they be too ill to travel I am sure it is not illegal - in fact it is a primary reason for a PoA even in the UK. What would be illegal is using the PoA for someone who is six feet under. OK, they too can't travel or sign but procedures for the estate and assets of those who have passed away are quite different to someone who is too ill to travel - same as the UK.
-
clearly a naughty question, but who would know if someone had passed away in the UK......? presumably no-one in turkey unless they had been told....? (shhh, I didn't ask this question)
-
That dear Pooks is the reason some of us thought of it as a viable alternative to a Turkish will ;)
-
doh - not the brightest button am I ;) :D
-
Lets hope that you dont have a money grabbing family because Turksih law is that some of the estate belongs to the children. Cant remember what percentage.
-
If you give POA to your estate agent when you buy in Turkey, do you need to do anything AFTER the purchase, or is that person automatically removed from your account after a certain period of time?
-
Unless you specified a date for it to lapse, it normally doesn't. It isn't the big worry some people think as someone holding your PoA to purchase a property cannot hold PoA to sell it too. So this means they can only buy another property for you, which you must admit would be rather nice.
-
But be careful since some notaries have used PoA versions in the past where the standard text did include selling as well.
In the PoA you can also specify a certain property that your estate agent can buy instead of random property.
Personally I don't see the need of a PoA for buying. Just fly over to pick up the Tapu.
PoA for water and electricity subscriptions is useful though since it will save you several trips and many hours.
-
But, as your POA, they are able to access your bank account (for money transfers etc). Does that mean they can take money out of your account at any time, unless you have them taken off as POA? We bought our apartment almost 5 years ago through a very reputable agent and have had no problems at all. We had the tapu after only 3 months and cannot fault the agent. They have always been excellent with both their help and advice.
However, we have never cancelled the POA - does that mean they can still access our bank account?
-
Jules - I had the same concern so to be on the safe side I opened up a new account and transferred everything except £5 from the POA'd account into it. Four years later and the fiver is still there. :)
-
quote:
Originally posted by Scunner
I understand - it's something I've mentioned before. Basically giving someone power of attorney to sell on your behalf so they can sign all the contract and paperwork "as you" - normally because you are back in the UK but in this suggested case you are away on a cloud. I had this idea and basically with wills being problematic, and sometimes long and drawn out, the idea to appoint a power of attorney to clear up your business in the event of your death is probably highly illegal, but attractive all the same.
It goes without saying (though not to some I am sure) that you better had trust your PoA 10000%. The idea I had was for husband and wife to give each other PoA then it
doesn't matter who dies first, you have it covered. Lovely topic this!
Scunner this is cool/ underhand/crafty thinking- I love it!
However is there a time limit on a POA.? The idea of the big birl and me holding POA for each other instead of a messy will process intrigues me.
-
There is only a time limit if you ask for one to be specified. It is a decent work around as far as I see things - having seen Turkish wills cause great problems for non-nationals in what are obviously testing and difficult times already.
Jules: Yes if you gave PoA for access to your bank account, your authorised attorney could still take money from your account. I haven't heard of that happening to be honest but it is something to think about. In more recent times it became "yesterday's problem" as estate agents stopped using customer accounts with PoA access as a method of transferring money from buyer to seller/builder. The reason is interesting - searching who has power of attorney for who for bank accounts made it very easy for the taxman to find property sales that agents had 'forgotten' to put through the books!
-
Is there a solicitor in Fethiye area you could recommend for us to take out POA for each other? Thanks.
-
You do not need a solicitor.
-
Does it just need to be done at the notary office then Keith? Sunny D would help then?
-
Yes and I am sure Sunny D would help :)
-
oh we have to book into see Nikkie too then !!!
-
If anyone wants to talk to me about power of attorney, or anything else including translation then members can send me an email via my profile. I can then see what I can do to help. I've had a few enquiries about the translations of documents required for the health care now required.
-
Hi Sunnyd
I sent an email a couple of days ago. Can you check that you have received it please. If not, would you please email me through the Forum as previously.
Many thanks
Frances
-
quote:
Unless you specified a date for it to lapse, it normally doesn't.
It will also lapse if the POA is for a specific act and that has occurred. You should never give anyone a POA which does not spell out exactly what you want them to do for you and no more.Even if the act for which you are giving POA is not time specific eg house purchase you should also specify a date for it to lapse at a time in the future eg 6 months .
-
to sunnyd, think my email must have gone AWOL or into a spam filter. can u. contact me via my profile please?
-
any news on this post?
-
Sunny D isn't doing notary work anymore...
-
Well this was a topic from over a year ago...
-
i know but as you know, some things take their time in Turkey to become effective, or, finalised so we can understand the inn's and out's.
No-one has come back and said if they had managed it or not.
-
Is there anyone out there who can translate and navigate the intricacies of Beledye and Tapu offices, and accompany me to try to sort out whether our builder has loans against our Tapu that we may have to pay, to finally get our Tapu and check whether our Land Tapu is correct and accurate? Be so-o-o grateful!
-
A solicitor can find this out for you
-
We used Volkan Sankir who is a sworn translator, he arranged power of attorney so George Rimms could sign for our property on our behalf, he took is through all the paperwork and when it came to finally signing for the house he arranged all that with the seller and George, (who is our very best friend), even to explaining to the seller who was undecided at this final point wether to sell or not, (this period of decision took 9 months), what the consequences would be if he pulled out at that point, and the seller decided to finally sell. His fees for this were more than reasonable, taking into account the times we emailed him over those 9 months and he either explained things or found them out for us. We owe him a drink when we come over in October to spend our first 2 weeks in our own property. His phone number is 0 532 577 0625. Hope this is helpful.
-
Is there anyone out there who can translate and navigate the intricacies of Beledye and Tapu offices, and accompany me to try to sort out whether our builder has loans against our Tapu that we may have to pay, to finally get our Tapu and check whether our Land Tapu is correct and accurate? Be so-o-o grateful!
Hi ArtyMar, I've never used Volkan Sankir services, but I've heard only good rep about him :)
I just came across this very useful piece re: paperwork for Hab certs, in Voices newspaper written by Bekir Cektir of Todays Zaman
http://voicesnewspaper.com/modules.php?name=News&file=article&sid=5913
-
Thanks all for your help and info re transition services etc. We've now decided to go with the lawyer, Sule Beder, recommended by experienced members of CBF, and investigations into the paperwork associated with our builder re Tapu and Habitation Cert are happening - beginning today. Fingers crossed that DeskaGlobal has not run up big loans and other costs against our property. Whatever the case we should not be having to fork out a penny, as our contract states that Tapu and Habitation Certificate would be given 'on completion'. So much for contracts!
-
Did you have a final payment 'on completion'? If so, how did you end up paying it on completion and not getting your HC on completion? The idea of holding back a significant amount until completion is exactly to prevent this.
-
Yes, we did - but contract said Tapu & habitation would be given "on completion" and we were told that we had to fully pay up to complete and then, once they had that final payment on completion, we would get our Tapu etc. We were concerned that if we did not pay the final payment, after snagging had been resolved, they would use that as an excuse not to give Tapus. Our German neighbours held back final payment, did not get Tapu and we were told by Deska that this was the reason Tapu had not been given. In the event, to our knowledge none of our neighbours, Russians and Germans, have their Tapus. Russians may not have their Land Tapus - don't know. Sule is checking this and also as to whether the Land Tapu issued to us is valid for our property. On tenterhooks, waiting to hear bad, not so bad, or terrible news from her.