Turkish Inheritance Laws

Turkish Inheritance Laws

When we buy a property in a new country, sometimes we do not realise that the ownership of this property after we die, may not be straight forward.  In your home country, you may be able to make a will, leaving your property to who you wish.  Unfortunately, things in Turkey are not as straight forward.  There are laws around both immovable (land/property) and movable owned assets.

With more and more families this day consisting on step parents and children, the subject of inheritance can be complex, therefore it is important to know your facts before you buy.  If in doubt we advise you get guidance from a Turkish solicitor (Avucat)

The Tapu is your title deed and those named on it are the legal owners of the property.  When someone dies, the Turkish authorities are notified and their assets are normally frozen.

For immovable assets eg property when the death is noted and with permission of the courts the asset is transferred to those that inherit.

But just who under Turkish Law would inherit?

As stated in the Turkish Civil Code property and money left by the deceased are divided among close relatives.  It is not possible for the entire property to go to the surviving spouse. There is a reserved portion which is shared out as follows: –

• The reserved portion and legal inheritance right of children is 75 percent of the legal portion
• If the deceased has no children, the reserved portion of the inheritance for the father and mother is 50 percent

• If the parents are deceased the reserved portion for siblings is 25 percent

Legal heirs in Turkey are:

• The first heirs of a deceased person: the children and the wife/husband
• If the deceased has no children, the deceased’s parents are the heirs
• If the deceased’s parents are not alive, the deceased’s siblings
• The last of a deceased person’s heirs among his or her close relatives are the grandparents and their children

We realise that death is not a subject that we like to talk about, however it is an important thing to consider when buying property in Turkey as the rule of your home country/country of citizenship or original will, will not be valid or the same for assets owned in Turkey.

Information correct as of 11/1/2022