Calis Beach and Fethiye Turkey Discussion Forum
Calis Beach Forum => Calis Beach Questions and Information => Topic started by: suehugh on September 10, 2014, 12:13:25 PM
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Not sure if this is the correct area of the forum to ask,
But
We plan to draw up Turkish wills next week.
Part of the process is an assessment by a phyiocoligist to check we are of sound mind.
Has anybody already undergone this ?
Thanks in advance
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Do a some research on here first - apparently in the event of you needing to exercise your rights they are not worth the paper they are written on. There are several experts (through bitter experience) who wil provide more information I'm sure.
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Totally agree. Bear in mind that any will actioned in Turkey will be subject to Turkish inheritance law, which in many (I suspect) cases will be completely contrary to the content of the will.
Do your research before parting with any money or taking this forward.
Out of interest, how much have you been quoted and who is preparing your wills?
JF
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Do a some research on here first - apparently in the event of you needing to exercise your rights they are not worth the paper they are written on. There are several experts (through bitter experience) who wil provide more information I'm sure.
Thanks Steve. Using CBF Info, we have taken the decision to draw up will. We believe a will is better than no will
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I suspect that there are many on here who would express the opposite opinion and that in fact, no will is better than a Turkish will. :-\
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Where there's a will, there's a translator, notary, solicitor etc., making money out of you.
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Yes we paid out good money for a Turkish will that reflected our wishes and it was a waste of time and money, as Turkish Articles of law will overwrite it. Not sure where you researched this on CBF, but in every thread I have seen on the subject in recent years the overwhelming consensus is do not bother, and get a PoA instead, and whichever partner is left clears the cash from bank out and sells any fixed assets. Especially if you are not married, you want the money etc. to go to your partner (married or not) and you have a complicated family history (married previously with kids or not) or where the family relationships are such that you would not like money to go to some/all children, parents or even grandparents and their inheritors!!!
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Can only 2nd Usedbustickets post A WILL..... DON'T DO IT !!!! : :)
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suehugh
If you own a property or land in Turkey the
Turkish Inheritance laws decide who gets what,
not your will.Do your homework & save your money. ;)
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What's the best thing to do then,I was thinking about signing over our Tapu now to our adult children then there should be no issues,I think.Just don't know how to go about it
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There is a huge amount on this subject in
The expat subject on C B F. We have a complicated family and also have wills. They are totally useless. We now have POA each, giving power to each other. Perhaps someone who is more IT savvy than I am can post the thread for you. Our wills set us back in the region of £300 seven years ago, total waste of money.
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That'll cost a bit. Basically you've got to sell them the property and pay the subsequent TAPU fees and, if eligible, CGT (I think?).
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Not sure if this is the correct area of the forum to ask,
But
We plan to draw up Turkish wills next week.
Part of the process is an assessment by a phyiocoligist to check we are of sound mind.
Has anybody already undergone this ?
Thanks in advance
Well you have failed at the first hurdle, thinking of making a Will in Turkey ? You need your head examined!
Sorry for sounding off. Use the search facility use my user name when searching Wills in Turkey.
Keep your money in your pocket go for a meal and have a great time.
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Have to say I agree with all the above after my own research. A will here is nor worth the paper it is written on and will cost a lot to boot.
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Given that my husband has two grown up children from a previous marriage and no longer in touch with them and that I have no children - we had resigned ourselves to the fact that Turkish inheritance laws would take precedent over our wishes to bequeath our property to the surviving spouse and consequently have not spent monies we can ill-afford on drawing up a Turkish will.
However, my husband has now been diagnosed with Alzheimer's Disease and we have to be practical. For the time being we are remaining here, but there will come a time when we both will need the support that is not available to us here.
I suppose my next step is to obtain Power of Attorney. Can anyone advise on who to approach to start this process and roughly what costs are involved in obtaining POA.
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We recently paid 217tl inc notary costs to give POA to our new site solicitor
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I have to agree with all comments.
I was going to sort a will but read all the posts and took advice from various people in Turkey, both English and Turkish then came to the conclusion that they can't all be wrong, no matter how you may feel your gut tells you you should have one but you are only lining peoples pockets.
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It seems incredible that while we all know (many thanks to the efforts and pain invested by Loz) that Turkish wills are absolutely worthless because Turkish law dictates, Everything Legal (the law company in Fethiye her friend paid) STILL offer "- Turkish wills covering Turkish property owned by expats" on their home page - all these years on.
http://www.everythinglegalturkey.com/
They know the law better than us, why still offer this worthless service and continue to extract people's money?
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Even lawyers, who are recommended by members on here, want £80 for a meeting to discuss Turkish wills.
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Do you think it should be free?
I'm sure they charge the same to discuss anything, it won't be specifically wills.
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No I do not . I refer to your previous post.
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Everything Legal are the lawyers we used to make our wills. The lawyer's husband is English and used to advertise on here. An absolute waste of time and money. Our agent helped us with our POAs and loaned us the use of his assistant for the day, free of charge, who was a huge help and took the stress out of the situation. From memory, I think the fees we incurred didn't amount to any more than 200tl.
We have also looked at transferring the Tapu into my sole name, as it is circumstances in my husband's previous marriage which are causing us problems. We have discounted this however as if I predecease him, he will inherit half and that would cause problems again on his demise.
Best of luck, but I would be interested in knowing the costs and implications of handing the whole thing over to the children.
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No I do not . I refer to your previous post.
I know you do. My point is that much of the information is in the public domain (not least on here). If people don't want to do research, a lawyer charging £80 to tell them it can be done but is in reality a waste of time and money is reasonable :)
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CleopatrasAsp.
In June my wife and I did Power of Attorney to each other. The cost for the Notor was Tl 545 in total.
The cost for the Translator was Tl 100 in total. The Translator was a very nice guy called Alper, very good English.
His phone number is 0532-2848635. Ring him and I'm sure he will help you. Good luck.
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Approximately what we paid Kevin3 2yrs back
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Why did you pay Kevin3? He knows nothing about Turkish law!!
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Why.?
Is that a requirement to practice it in Turkey.? Problem yok. :)
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The facts suggest no :D
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I guess it's a resounding no then.
Surely some notice of intent is better than none Though
POA
We are married with no children.
Our heirs are my two sisters in the UK
Sue has no living relatives
How would the POA WORK .?
Hugh
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A notice of intent would have no influence whatsoever in Turkey. I would have thought that your family connections are so uncomplicated that you wouldn't need anything at all. :)
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Sorry, meant to add that a POA is useful if one of you is unable to travel to Turkey if you sell etc.
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I guess it's a resounding no then.
Surely some notice of intent is better than none Though
POA
We are married b no children.
Our heirs are my two sisters in the UK
Sue has no living relatives
How would the POA WORK .?
Hugh
POA would benefit you because:
If one of you dies then the other is still able to sell. (Yes I know that POA dies with you, for all the do-gooders who have never ever done any wrong!)
Depending how the Tapu is set out 50/50 then the surviving party is entitled to 50% of the surviving spouse, the rest is split. Once you have paid copious amounts of money to pay judges, lawyers, heritance tax etc you can sell a property, but now you need to obtain the permissions of all inheritors.more money involved.
You/we are foreigners, and it WILL cost you and could take years.
I am sure you can see where I am coming from?
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Hi Loz, not just an WiFi expert but legal as well ;)
If you don't mind answering if you know, we own 2 properties in separate names, which we did for any future tax implications (GCT) and are not married. Are we able to have a POA each that would allow the other to sell the property of the deceased party?
On one parties death the remaining partner would be able to deal with the others estate or as mentioned the POA dies with them. In which case how does the other party sell the others property?
Getting confused now ;)
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Teetee, you have to hope that whoever dies, does so outside of Turkey. The survivor doesn't tell the authorities in Turkey that the person died.
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And sell, sell, sell. Quickly. ;)
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Best just sell now!