Making a Will in Turkey: Types, Validity and Challenges
A will allows a person to decide who will receive their assets after death. Under Turkish law, however, a will is only valid if it strictly follows the form requirements of the Turkish Civil Code and respects the reserved shares of certain close relatives. A will that does not meet these requirements can be annulled after death. This article by Yetkiner Law Firm explains the types of wills in Turkey, how to write a valid will, the reserved share rules, how a will is opened and how it can be challenged, including the rules that apply to foreigners who own property in Turkey.
What Is a Will Under Turkish Law?
A will (vasiyetname) is a unilateral declaration by which a person arranges how their estate will be distributed after their death. Through a will, a person can appoint heirs, leave a specific asset to a specific person (a legacy), establish a foundation, appoint an executor and, where the legal grounds exist, disinherit an heir.
Because a will is unilateral, the testator can amend or revoke it at any time during their lifetime. This distinguishes a will from an inheritance contract, which is signed by both parties and generally cannot be revoked unilaterally.
Who Can Make a Will in Turkey?
Under Article 502 of the Turkish Civil Code, any person who has the capacity to discern and has reached the age of fifteen can make a will. Making a will is a strictly personal right, so it cannot be done through a guardian or a representative. The testator is presumed to have had capacity when the will was made, and anyone claiming otherwise must prove it.
Types of Wills in Turkey
The Turkish Civil Code recognises three types of wills: the official will, the handwritten will and the oral will. Each has its own form requirements, and failing to meet any of them may lead to the will being annulled.
Official Will (Articles 532-537)
An official will is made by the testator declaring their wishes to an official in the presence of two witnesses. The official may be a civil court of peace judge, a notary public or another officer authorised by law. In practice, official wills are usually drawn up at a notary.
The official writes down the testator’s wishes, the testator reads and signs the document, and the official dates and signs it. The testator then declares before the witnesses that they have read the document and that it contains their last wishes, and the witnesses confirm by signing that this declaration was made in their presence and that the testator appeared to have capacity. For testators who cannot read or sign, the official reads the will aloud in front of the witnesses.
Persons without legal capacity, persons banned from public service by a criminal court, persons who cannot read and write, and the testator’s spouse, ascendants, descendants, siblings and their spouses cannot act as witnesses. The official will is the safest form and the easiest to prove.
Handwritten Will (Article 538)
A handwritten will is valid only if it is written entirely in the testator’s own handwriting, states the day, month and year it was made and is signed by the testator. A document typed on a computer and only signed by hand, or written by someone else, is not a valid handwritten will.
The testator may keep the handwritten will or deposit it, open or sealed, with a notary, a civil court of peace or another competent authority. Depositing it with a notary is recommended to reduce the risk of the will being lost or destroyed after death.
Oral Will (Articles 539-541)
An oral will is an exceptional form that can only be used when extraordinary circumstances, such as imminent danger of death, interrupted transport, an epidemic or war, prevent the testator from making an official or handwritten will. The testator declares their last wishes to two witnesses, who must immediately put the declaration in writing and submit it to the court.
If it later becomes possible for the testator to use another form, the oral will becomes invalid one month after that date.
How to Write a Valid Will in Turkey
When preparing a handwritten will, the following points help prevent future disputes:
- The entire text, including any later additions or corrections, should be handwritten by the testator.
- The day, month and year should be clearly stated.
- The will should be signed at the end by the testator; a fingerprint or seal does not replace a signature.
- Heirs and assets should be described clearly. For real estate, the province, district, block and parcel numbers should be stated.
- The reserved shares of protected heirs should be taken into account.
- The will should be kept in a safe place, preferably with a notary.
In an official will, the text is prepared by the notary or another official, which reduces the risk of form errors. In both cases, the content must comply with Turkish inheritance law.
Reserved Shares: Can You Leave Everything to One Person?
A testator cannot freely dispose of their entire estate. Article 506 of the Turkish Civil Code grants certain close heirs a reserved share (saklı pay):
- Descendants (children, grandchildren): half of their statutory share.
- Each parent: one quarter of their statutory share.
- Surviving spouse: the full statutory share when inheriting together with descendants or parents, and three quarters of the statutory share in other cases.
Siblings have no reserved share. The testator may freely dispose of the remaining portion of the estate. A will that infringes a reserved share is not automatically void, but the affected heir can file an action for reduction (tenkis) to recover their share. For more on how estates are divided, see Inheritance Law in Turkey. Property transfers disguised as sales to disinherit heirs are covered in Muris Muvazaası in Turkey.
An heir with a reserved share can only be fully disinherited on the grounds listed in the law, namely where the heir has committed a serious crime against the testator or a person close to them, or has seriously failed to fulfil their family law obligations towards the testator or their family. The ground for disinheritance must be stated in the will.
Amending or Revoking a Will
The testator may revoke a will at any time during their lifetime, for example by making a new will, by destroying the existing will or by later transferring the bequeathed asset to someone else. A new will replaces an earlier one to the extent that the two conflict, even if it does not expressly revoke it.
Opening of the Will After Death
After the testator’s death, anyone who finds the will must immediately deliver it to the civil court of peace, even if they believe it to be invalid. The court opens and reads the will within one month and summons the interested parties. A copy of the will is served on the heirs and the beneficiaries.
The opening of the will is requested from the civil court of peace of the testator’s last place of residence. Once the will has been opened and served, the beneficiaries can take the necessary steps to claim their rights.
Challenging a Will: Action for Annulment
Under Article 557 of the Turkish Civil Code, a will may be annulled on the following grounds:
- The testator lacked capacity when the will was made,
- The will was made under mistake, fraud, threat or duress,
- The content of the will, or its conditions or charges, are unlawful or immoral,
- The will was not made in the form required by law.
The action may be brought by heirs or beneficiaries who have an interest in the annulment. It must be filed within one year of the claimant learning of the will, the ground for annulment and their own entitlement, and in any case within ten years of the opening of the will against defendants acting in good faith, or twenty years against defendants acting in bad faith. These are strict time limits.
Action for Reduction (Tenkis)
Even where a will is valid, heirs whose reserved shares have been infringed may file an action for reduction. This action must be filed within one year of the heirs learning that their reserved shares have been infringed and in any case within ten years of the opening of the will.
Making a Will in Turkey as a Foreigner
Foreigners who own assets in Turkey can make a will in Turkey. Under Article 20 of the Turkish Code on Private International and Procedural Law, inheritance is generally governed by the deceased’s national law, but Turkish law applies to immovable property located in Turkey. A will is valid in form if it complies with Turkish law, the law of the place where it was made or the testator’s national law. Foreigners who do not speak Turkish can make an official will at a Turkish notary with the assistance of a sworn translator. Foreigners who own property in Turkey may also find our article on acquisition of real estate by foreigners useful.
Frequently Asked Questions
Does a will in Turkey have to be made at a notary?
No. A handwritten will is valid without notarisation if the form requirements are met. However, an official will made at a notary reduces the risk of form errors and loss.
Can I leave all my assets to one person?
If there are heirs with reserved shares, you may still leave everything to one person, but those heirs can file an action for reduction to claim their reserved shares. If there are no such heirs, you may dispose of your entire estate freely.
Is a will typed on a computer and signed valid in Turkey?
No. A handwritten will must be written entirely in the testator’s own handwriting. A signature on a printed document does not make it a valid handwritten will.
Does a foreign will apply to property in Turkey?
A will made abroad can be valid in Turkey if it complies with the form requirements of the place where it was made, the testator’s national law or Turkish law. However, Turkish inheritance law, including the reserved share rules, applies to real estate located in Turkey.
What is the time limit to challenge a will in Turkey?
An action for annulment must be filed within one year of learning of the ground for annulment, and in any case within ten years of the opening of the will against good-faith defendants.
Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish on drafting wills, the opening of wills, annulment and reduction actions and other inheritance matters. Information on renouncing an estate is available in Renouncing an Inheritance in Turkey. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
