Inheritance and Testament in Turkey
People who are planning to take advantage of Turkey's development opportunities, buy property, invest or live in Turkey continue to do a lot of research on this topic. Probate relationships, inheritance procedures, will procedures and similar details are among the most curious topics of people buying property in Turkey.
As 2 Clicks preparing the environment for safe property buying and selling in Turkey and many countries around the world, bringing together investors and real estate consultants, we have prepared content for our visitors about inheritance and will system in Turkey. After the process of buying and selling real estate in Turkey, you will find answers to your questions about inheritance and wills with the help of the content we have prepared.
WHAT IS HERITAGE? HOW IS INHERITANCE LAW IMPLEMENTED IN TURKEY?
The wealth that a person leaves after their death with all their assets and debts is called an inheritance. The testator can accept the testator's inheritance, but also reject it. The Republic of Turkey has a modern and civilized inheritance law. According to the laws of the Republic of Turkey; After a person's death, all inheritance remains primarily with their spouses and children. If the deceased person has no spouse or child or is deceased, this time the inheritance is distributed starting from the relatives. Estates of the deceased are distributed to their parents if they are not alive, to their siblings if they are not alive, to their grandparents and grandchildren.
PERSONS WHO WILL RECEIVE AN INHERITANCE MUST NOTE THE FOLLOWING THINGS
After the death of a person, hospitals send documents proving that person's death to registry offices, land registries, and courts. The heirs of the deceased can obtain a certificate of inheritance upon application to the court or notary. This document, received by individuals, ensures that all of the deceased's inheritance can be inherited by their relatives. The rights of people who died with the certificate of inheritance are shared within the framework of the law.
INHERITANCE SHARE RATES IN TURKEY
If the deceased in Turkey did not select the legatee by will, his inheritance will be distributed according to the inheritance law of the Republic of Turkey. According to the inheritance law of the Republic of Turkey, the division of inheritance in Turkey is as follows:
If the spouse and children of the deceased are alive, 25 percent of the person's inheritance goes to their spouse and 75 percent to their children. Most of the inheritance, 75 percent, is divided by the number of children. This ensures that all children benefit equally from the inheritance.
If the deceased has no children, the inheritance is divided 50 percent with his spouse and 50 percent among the parents and siblings of the deceased.
If the deceased person has no children and their parents are not alive, this time 75 percent of the inheritance is divided between the spouse and 25 percent between the grandparents and their children.
If the deceased has no relatives other than his spouse, the owner of the entire inheritance becomes his spouse.
The heirs initiate the succession process by filing an application with the General Directorate of Land Registry and Cadastre. After paying taxes, the deceased's assets pass to the heirs.
HOW DOES THE WILL PROCEDURE WORK IN TURKEY?
A will is a declaration that after death a person wishes to share their inheritance and contains information about their heirs. These wills decide who will bequeath the person's inheritance.
There are 3 different types of wills in Turkey: official will, handwritten will and oral will.
The official will is written when the person goes to the notary. Official wills are drawn up by notaries.
The handwriting of the person is required for the will written by the person. This will must be dated and it is important that the signature of the person who made the will is also present in the will.
An oral will, on the other hand, comes into play in exceptional cases. In situations like war and illness, the person expresses his will in the presence of 2 witnesses and one of the witnesses writes the will by writing the will.
FREQUENTLY ASKED QUESTIONS ABOUT TESTAMENTS AND INVESTMENT LAW
Question: What is the minimum age for a person intending to make a will?
Answer: If a person is considering making a will, that person must be at least 15 years old. A person can leave a will until their death, provided they have mental abilities.
Question: When a person dies, who inherits?
Answer: If the person does not have a will, their inheritance will be distributed according to the inheritance law of the Republic of Turkey. The heirs of the person inherit by making the necessary applications.
Question: I left my inheritance to my child in my will, but now I want to sell it. can i do something like this?
Answer: As long as the person is alive, they continue to control their property. Bequeathing his property to his child in the will does not prevent the person from using his property as he pleases. A person can buy and sell all his goods during his lifetime.
Question: Which will is safe and preferred in Turkey?
Answer: People considering making a will in Turkey generally prefer the official will. The first reason is that there is no problem in the application as it is notarized. After the person's death, a notarial search is conducted to understand if they have a will. The notarial will is presented to the court and a clear decision is made as to the person's inheritance.
Question: What is the easiest way to draw up a will?
Answer: If the person wants to leave a will, they can have one made by contacting a lawyer or a notary public.
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As 2clicks.io we continue our services to meet our customers' expectations at the highest level. We continue to support property selection during and after the purchase process and ensure foreign investors can invest peacefully by preventing potential problems. As part of our work, we also offer those willing to make a will the fastest solutions and offer the necessary consulting services for a safe drafting of a will.
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