Did you know that between 2002 and 2010 more than 85000 foreigners bought properties in Turkey and 35000 of those 85000 properties belong to British citizens?
Even though 35000 Brits have properties in Turkey, very few are aware that their UK Wills won’t cover their Turkish property and before Turkish courts they would be considered intestate.
According to the ‘Law on Code of International Private and Procedure Law’ regarding inheritance matters, any movable assets of a foreigner is subject to his/her nationality’s law, but immovable assets located in Turkey will be subject to Turkish laws.
Turkey also have mandatory heirship, which means foreigners can’t leave their properties to anyone they wish – the mandatory heirs (mostly 1st degree relatives) can object if their reserved portion is violated.
It is very important for the Wills to be drafted in line with UK Wills and reserved portions need to be carefully considered.
The validity of your Will is based on several principles. First of all, the testator should have full mental capacity. Secondly, the Turkish Will needs to be either in official form, in handwriting or verbal. If it’s verbally delivered the existence and impartiality of the witnesses are rather important. Moreover, the Turkish Will shall be deemed official and valid if it is signed in the presence of a Notary Public or a local judge and with two witnesses.
If the person dies intestate, the Turkish Civil Code distributes the shares of the property between the inheritors according to a hierarchy of the most beneficial relatives. In this case children, parents and the spouse are the statutory inheritors and the portion of the inheritance will be according to Turkish Law.
If you already have a property in Turkey or you are willing to have one, the Turkish Will is a significant step to be completed and to give you peace of mind. You do not have to travel to Turkey and it can all be done from the UK. London Legal International has completed many Wills for Turkish properties and is happy to provide you a quote if you kindly email us on wills@176.32.230.48 .
