Is a Will Made in Germany Valid in Turkey?

One of the most common questions for Turkish citizens living in Germany, or otherwise connected to Germany, is this: is a will made in Germany also valid in Turkey, and will assets in Turkey or in Germany be distributed according to that will? In this article, we examine this question within the framework of Turkish law and private international law rules, with a particular focus on the Germany-Turkey connection.

For general information on what a will is, its types, its opening, execution and annulment, please see our article What Is a Will in Turkey? Types, Requirements, Execution and Annulment.

1. The Legal Nature of Wills Made Abroad

Where the testator is a foreign national, lives abroad, or made their will abroad, Turkish courts must first determine which country’s law applies. This is governed by Article 20 of the Turkish Act on Private International Law and International Civil Procedure (“PIL Act” / MÖHUK):

• Law applicable to succession (Art. 20/1): Succession is governed by the national law of the testator at the time of death.
• Immovable property exception: Regardless of the testator’s nationality, Turkish law always applies to immovable property (real estate) located in Turkey. This means a will made abroad cannot be used to circumvent the reserved-share (forced heirship) and abatement rules with respect to real estate in Turkey.
• Testamentary capacity (Art. 20/5): Capacity to make a will is governed by the national law applicable at the time the disposition was made.
• Form (Art. 20/4 and the 1961 Hague Convention): The “1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions,” to which Turkey has been a party since 1983, takes precedence over the PIL Act with respect to the formal validity of wills containing a foreign element.

Thanks to this international convention, a will made by a Turkish citizen living in Germany, in accordance with the procedures of the country where they reside, may be considered formally valid in Turkey as well. Continuing the example, since the testator is a Turkish citizen, whether the will violates the heirs’ reserved shares or contains legally invalid provisions — in other words, the validity of the will’s content — will be determined under Turkish law.

2. Types of Wills in Germany and Formal Validity

The German Civil Code (BGB), similarly to Turkish law, essentially recognizes two ordinary forms of will: the holographic will (eigenhändiges Testament) and the official will made before a notary (öffentliches/notarielles Testament). A will made before a German notary is considered formally valid both under German law and — thanks to the 1961 Hague Convention — under Turkish law.

3. The Difference Between the Will and the Erbschein (Certificate of Inheritance)

The point most frequently confused here is this: a will validly made in Germany is, in itself, recognized in Turkey as formally valid under the MÖHUK Art. 20/4 and 1961 Hague Convention criteria described above; no separate “recognition” decision is required for the will itself.

By contrast, the Erbschein (certificate of inheritance) issued by a German Nachlassgericht (probate court) does not automatically have effect in Turkey. In practice, Turkish land registries and banks do not accept this document on its own. The reason is that the subject matter of recognition and enforcement is not the content of the will, but a decision issued by a foreign authority. In this situation, two paths may be followed:

1. Obtaining a new certificate of inheritance in Turkey: This is the most commonly used and generally faster route in practice; it can be requested from the magistrate court (sulh hukuk mahkemesi) or a notary.
2. Recognition or enforcement of the foreign court decision under MÖHUK Art. 50 et seq.: If the German court’s decision is to become directly enforceable in Turkey, the general conditions set out in the PIL Act must be satisfied (a final foreign court judgment, a matter not falling within the exclusive jurisdiction of Turkish courts, no manifest violation of public policy, the right to a defense having been respected, reciprocity), and an enforcement (tenfiz) action must be brought in Turkey.

4. Real Estate and the Risk to Reserved Shares

Even where the testator has made a valid will under German law in Germany, real estate located in Turkey remains subject to Turkish law at all times, pursuant to the exception under MÖHUK Art. 20/1. If a will made in Germany violates the reserved shares of some of the heirs with respect to real estate in Turkey, Turkish forced heirs always retain the right to bring an abatement (tenkis) action in Turkey.

5. Practical Recommendations

• Persons living in Germany who also hold assets (particularly real estate) in Turkey are advised, where possible, to make an official will before a notary. This is the safest route in terms of both ease of proof and international validity.
• Clearly specifying in the will which country’s assets are being disposed of, and, where possible, making an express choice of law, reduces the risk of conflict-of-laws issues arising later.
• Where real estate in Turkey is involved, it is advisable to calculate the reserved shares separately under Turkish law and to plan accordingly.
• Given the difficulty of carrying out transactions directly in Turkey on the basis of a German Erbschein, preparations should be made from the outset for obtaining a Turkish certificate of inheritance or, if necessary, for a recognition/enforcement action.

Frequently Asked Questions

Is a will made in Germany automatically valid in Turkey? In terms of form, yes in most cases, thanks to the 1961 Hague Convention. However, this does not mean that a land registry transfer or bank transaction can be carried out directly in Turkey on the basis of the will; a certificate of inheritance generally still needs to be obtained in Turkey.

Is the Erbschein issued by a German court sufficient for a land registry transaction in Turkey? No. Turkish land registries and banks do not accept this document on its own. A new certificate of inheritance must be obtained in Turkey, or, if necessary, the foreign court decision must be recognized and enforced.

Which law applies to real estate located in Turkey? Regardless of the testator’s nationality or where the will was made, Turkish law always applies to real estate located in Turkey.

Conclusion

In inheritance matters connecting Germany and Turkey, the formal validity of the will and the direct enforceability in Turkey of documents and decisions issued by German authorities are two different issues. Getting this distinction right from the outset prevents delays and disputes that may otherwise arise in land registry, banking, and inheritance proceedings. In Germany-related inheritance matters, it is strongly recommended that you seek support from a lawyer well versed in both Turkish and German law.

This article is for general information purposes only; legal advice should be sought for specific cases.