KKOB

Completely Chillaxed
english will
Like many things in Turkey, if you ask 10 different people for a definitive answer, you'll get 10 different replies and variations.

It also depends on whether the is "unmoveable property" involved, or not.
 

KKOB

Completely Chillaxed
english will
Brother or sisters? Are the deceased's parents still alive ?
 

KKOB

Completely Chillaxed
english will
The parent and the sister are going to have an entitlement to a share in the property under Turkish law. As the law stands, as far as I'm aware, the "partner" has no entitlement.

As I said previously, you need to engage the services of a very good Turkish solicitor with expertise in this part of the law who also speaks English well enough for you each to fully understand the circumstances and what needs to be done by all parties involved.

Take a few minutes and write a short piece about yourself in the "Introduce Yourself" section. You'll probably get some responses from other members who'll know more about legal stuff than I do.

Also take a look in the "Turkish Legal Helpdesk" section and set a question for "celtic" to answer. They may be able to point you in the right direction.
 
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Karyn UK

Member
english will
If the property in question is immoveable then the will is only valid so far as it abides by the Turkish civil code and this means that the reserved portion to parents and other relatives must be allocated. However, if the deceased person's parents and other relatives make a declaration saying they waive their rights to claim against the estate and this is notarised in the UK and apostilled by the foreign office then this will make it easier for the will giving everything to the partner to be upheld in Turkey. It won't be a quick process though.

Karyn

PS It doesn't matter if people are married or not, the unreserved portion of an estate can be left to anyone or the dogs home if you prefer!
 
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Karyn UK

Member
english will
thanks, unfortunately it is unlikely that the relatives will waive their right.

That's unfortunate, one would hope that ones relatives would uphold a clearly stated intention!

In that case they have one year from the date of death to get themselves out here and lodge a claim against the estate through the turkish courts.

In the mean time I suggest you get a UK grant of probate, get it apostilled and wait out the year!

Karyn
 
english will
the will was notarised and apostilled by the foriegn office and turkish consulate and the presented to a court in Turkey, the court could not proceed as they needed a document to prove the deceased had no children (which he did not) this was in 2004, since then the original executor died. The new executor (a relation of the deceased) then dismissed the turkish solicitor. I have recently received a letter from a uk solicitor acting for the new executor stating that the will is not valid in turkey, I have been struggling with this for 6 years and really just need confirmation that the will is valid to continue. The new executor refuses to reply to correspondance and will not supply accounts or updates regarding the estate.
thanks for all your help.
 

Karyn UK

Member
english will
First the UK side of things needs to be sorted, the executor has a legal duty to correspond with the benefactors of the estate, if they refuse then they can be held accountable under British law for that and its a serious matter to breach the duty of being an executor. This needs to be done by the benefactor.

The Turkish courts will consider a UK will although they are not bound by law to accept it if it is breach of their civil code. This was as much of a concession as could be wrung out of them by the consulate who announced it on their website some time ago. Either way, the unreserved portion of the estate does belong to the deceased person's partner, it is only the minority share at best that the relatives can claim.

Things have moved on a lot in Turkey since this sad business started, one dear late forum member's relatives were asked to provide proof that the deceased had not had more than two children (this was two years or so ago now) and as this is obviously a very difficult thing to prove the consulate stepped in and sorted things out.

I would suggest sorting this in the UK first and then re-present the will to the court in Turkey. The relatives who wish to challenge the will should have made their case to the court a very long time ago and chances are they haven't.

Karyn
 
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captain

Member
english will
is an english will valid in turkey? no turkish will was made,
thanks

Preparation of wills and transfer of property to the heirs (from Turkish Embassy website)
Wills prepared by foreign nationals in their own countries can be executed in Turkey so as to transfer the ownership of a property to the individual(s) stated within the wills.
To carry out the property transfer pursuant to a will, a heir has to gather a court letter confirming the will from the relevant court of his/her own country and to have it ratified at the Turkish Consulate General. Then he/she has to submit that letter to the relevant court of the province in Turkey where the property is located. Then, the Turkish Court issues an official document which allows the transfer. Finally, the heir presents the document granted by the Court to the Tapu (Land Registry) Office as well as other documents required for the transfer of ownership.
These transfers are exempt from any military clearance and the other restrictions applied to foreign nationals.
Please note that transfer of ownership of a property to an heir is subject to inheritance tax. Thus, if the heir sells out his inherited property, he is not subject to any personal income tax based on the capital gains.
 

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