Inheritance rights in Turkey

Member since 23 December 2022

spandexMember23 December 2022 13:04:06

My father was a British citizen living in Turkey with residency. On his death, his Turkish lawyer told me that his will stated that his estate should go to my brother and sister. I was written out.

I said I would not contest the will and signed a letter at a notoriety later that day.

I assumed Turkish Inheritance law was the same as the uK and his will was the end of that. Fair enough鈥�. However since then I have repeatedly been asked for certificates etc. which has made me question this. I thought as I was no longer involved nothing would be needed from me.

I now believe that perhaps I should have been advised differently and that under Turkish law a proportion of his immovable assets should have gone to me as his eldest son and that I should not have been written out completely.

contradicting info on the web states that English law could be recognised by a Turkish magistrate and English law would apply.

Does forced heirship apply to a British citizen who dies leaving property in Turkey? Any help, gratefully received.

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H. Ahmet Yuce New member

Member since 19 January 2023

H. Ahmet YuceNew member19 January 2023 10:31:11

Hi there, sorry to hear about your father.

As a local lawyer, I can confirm that Turkish law mandates a portion of yourt father's assets must be allocated to you; even if your father explicitly tried to get you out of his will. We call it "the reserved right of inheritance" since your share is reserved under any circumstances as his child. But, if you waived your rights at the notary, then it's a complicated issue.

Do you still have the document that you signed at the notary? If you are still struggling with this I am glad to help.

Best regards,

Ahmet

avvuralgokhan Active member

Member since 22 February 2022

avvuralgokhanActive member19 January 2023 14:10:52

Turkish legal code forces the heirship and a portion of assets which then goes to heir, however the legal question is International Law and its application to inheritance problem, so;

The persons citizenship is british, and has no relationship with Turkey, THEREFORE "British rules" would supersede Turkish ones and "British rules" would apply...

Hope it answers the question.

Good day.