Many people who live outside Turkey — Turkish citizens abroad and foreign nationals alike — own a house, an apartment or land in Turkey. Sooner or later the same question comes up: what happens to this property after my death, and is the will I made at home enough? This guide explains how wills work under the Turkish Civil Code (Türk Medeni Kanunu, TMK), whether you should make a separate Turkish will, how a will is made before a Turkish notary step by step, and what happens if there is no will at all.
If you have already made a will abroad, our article on whether a will made in Germany is valid in Turkey explains the conflict-of-laws rules in detail.
Do You Need a Separate Turkish Will?
Not necessarily. A will validly made abroad is, in most cases, formally valid in Turkey as well, thanks to the 1961 Hague Convention on the form of testamentary dispositions. Even so, a separate Turkish will covering only your Turkish assets is often the more practical choice:
- Turkish law always applies to real estate in Turkey, whatever your nationality and wherever the will was made. A Turkish will is drafted with the Turkish reserved-share rules in mind from the start.
- No translation, apostille or proof of foreign law later. A foreign will must be translated and apostilled before it can be used in Turkey, and in a dispute the court may need to examine the foreign law, which takes time.
- A faster process for your heirs. A will made before a Turkish notary is already on record in Turkey and can be delivered to the court and opened without delay.
One important caution: under Turkish law, a later will revokes an earlier one to the extent that the two conflict (TMK Art. 542–544), and many other legal systems have similar rules. If you keep a will in your home country and make a second one in Turkey, each should state clearly which assets it covers, and neither should contain a general clause revoking “all previous wills”. Ideally, both wills are coordinated by lawyers in each country.
Who Can Make a Will in Turkey?
Under Article 502 of the Turkish Civil Code, a person who has completed the age of 15 and has the capacity of discernment (not full legal capacity) at the time the will is made can make a will. Both conditions must be met together. In practice, the most frequently disputed issue is capacity, particularly in cases involving advanced age, dementia or serious illness; it is usually examined through reports of the Council of Forensic Medicine or a university hospital health board.
How to Make a Will Before a Turkish Notary: Step by Step
The official (notarial) will is the most secure form and the one most often used by property owners living abroad.
- Decide what the will should cover. List your assets in Turkey (title deed details, bank accounts) and the people you want to benefit, and check your plans against the reserved shares of your heirs (see below).
- Prepare your documents. Usually a valid passport or ID card, a Turkish tax number (foreign nationals can obtain one from a tax office) and the title deed (tapu) details of the property concerned. Many notaries also ask for a recent medical report confirming capacity, especially for elderly testators.
- Arrange two witnesses. They must be adults with legal capacity who can read and write. Your spouse, ascendants, descendants and siblings, and their spouses, cannot act as witnesses, and nothing may be left in the will to the witnesses or their close relatives.
- Bring a sworn translator if you do not speak Turkish. The will is drawn up in Turkish; a sworn translator explains its content to you, and this is recorded in the deed.
- Sign the will. You state your wishes and the notary drafts the will. You read it (or have it read to you) and sign it. You then declare before the two witnesses that you have read the document and that it reflects your last wishes, and the witnesses confirm with their signatures that you made this declaration in their presence and appeared capable of making a will (TMK Art. 533–535).
- Safekeeping. The original stays with the notary, so it cannot be lost or destroyed. Keep a copy and tell a trusted person where the will is kept.
The costs consist of the notary’s fee under the official tariff, applicable taxes and, where needed, the translator’s fee. Turkish citizens living abroad may also be able to make an official will at a Turkish consulate, which has notarial powers.
The Three Forms of Will Under Turkish Law
Article 531 of the Turkish Civil Code allows a will to be made in only three forms. A document drawn up in any other form has no effect as a will.
- Official (notarial) will (TMK Art. 532 et seq.): made before a notary, a magistrate judge (sulh hâkimi) or another officer authorised by law, in the presence of two witnesses, as described above. It offers the strongest protection against later claims of incapacity or undue influence, and the original cannot be lost.
- Handwritten (holographic) will (TMK Art. 538): the testator writes the entire will by hand, states the year, month and day it was written, and signs it. A missing date alone makes it invalid. It may be deposited with a notary or a magistrate court, or kept by the testator. If it is written in a foreign language, a sworn translation will be needed when it is opened in Turkey.
- Oral will (TMK Art. 539–541): an exceptional form for situations such as imminent danger of death, interrupted transport, serious illness or war. The testator declares their last wishes to two witnesses, who must have them recorded. It loses its effect if the testator could make a will in an ordinary form and one month passes without doing so.
Joint Wills Are Not Allowed
Spouses often expect to make a single will together, as is common in some countries. Turkish law does not recognise joint wills: each spouse must make their own will. Couples who want binding arrangements for each other can instead conclude an inheritance contract (miras sözleşmesi), which must be made in official form before a notary and two witnesses (TMK Art. 545).
Is a Will Made Abroad Valid in Turkey?
Under the 1961 Hague Convention, to which Turkey is a party, a will is formally valid if it complies with the law of the place where it was made, the testator’s nationality, domicile or habitual residence, or, for real estate, the law of the place where the property is located. Its content — who inherits what, and whether reserved shares are respected — is governed by the testator’s national law (Turkish Act on Private International Law, Art. 20/1). There is one key exception: Turkish law always applies to real estate located in Turkey.
In practice, a foreign probate document does not by itself allow your heirs to transfer a title deed or close a bank account in Turkey; a Turkish certificate of inheritance is usually needed. Our article on wills made in Germany covers these rules in more detail.
Can Foreign Heirs Inherit Property in Turkey?
In general, yes. Foreign nationals can acquire real estate in Turkey through inheritance. However, the restrictions in Article 35 of the Land Registry Law (for example, on military and security zones or on the total area foreigners may own) can also apply to inherited property; where they do, the property may have to be sold and the proceeds paid to the heir. It is worth checking this before you plan who will receive your Turkish property.
What Happens If There Is No Will?
If you die without a will, your estate in Turkey passes to your statutory heirs under Articles 495–499 of the Turkish Civil Code. Your children (and their descendants) inherit first. Your surviving spouse inherits alongside them: one quarter of the estate together with descendants, one half together with your parents’ line, three quarters together with your grandparents’ line, and the whole estate if none of these relatives are alive.
Even with a will, you cannot freely dispose of everything. Certain heirs have a reserved share (saklı pay) under TMK Art. 506:
- Descendants: half of their statutory share
- Each parent: one quarter of their statutory share
- Surviving spouse: their full statutory share when inheriting with descendants or the parents’ line, otherwise three quarters
Siblings have no reserved share. Only the remaining “free portion” can be left to anyone you choose. If a will exceeds it, the affected heirs can bring an abatement action (tenkis davası) to reduce the dispositions to the permitted limit.
Changing or Revoking Your Will
A will can be changed or revoked at any time during your lifetime, without giving reasons; a clause declaring a will “irrevocable” has no effect. Under TMK Art. 542–544, a will is revoked by making a new will in any legal form, by intentionally destroying it, or by making a later disposition that conflicts with it. This is why wills made in different countries must be carefully coordinated.
After Death: Opening and Execution of the Will
Anyone who finds a will after the testator’s death must deliver it without delay to the magistrate court (sulh hukuk mahkemesi) of the testator’s last place of residence (TMK Art. 595). The judge opens and reads the will within one month and sends the relevant parts to each person concerned (TMK Art. 596–597). At this stage the judge does not examine whether the will is valid.
If the dispositions in the will are not carried out voluntarily, the beneficiaries can bring an action for execution of the will (vasiyetnamenin tenfizi) before the Civil Court of First Instance (Asliye Hukuk Mahkemesi). This claim is subject to a ten-year limitation period. Heirs who later want to divide the estate among themselves can do so by agreement; see our article on the inheritance partition agreement.
Challenging a Will
Under TMK Art. 557, a will can be annulled if the testator lacked capacity, acted under mistake, fraud, duress or undue influence, if its content is unlawful or immoral, or if the legal form was not followed. The action is brought by an heir or legatee with an interest, at the Civil Court of First Instance of the testator’s last place of residence. It must be filed within one year of learning of the will and the ground for annulment, and in any case within ten years of the opening of the will (twenty years against defendants acting in bad faith) (TMK Art. 559).
Frequently Asked Questions
Do I need a Turkish will if I already have a will in my home country? It is not mandatory, but it is often advisable if you own real estate in Turkey. A Turkish will avoids translation and apostille, follows Turkish reserved-share rules and speeds up the process for your heirs. Make sure the two wills do not revoke each other.
Can I make a will in Turkey if I do not speak Turkish? Yes. The notary works with a sworn translator, who explains the will to you before you sign it.
Can my spouse and I make one joint will? No. Turkish law does not recognise joint wills. Each spouse makes a separate will, or the spouses conclude an inheritance contract before a notary.
Can I leave my property in Turkey to anyone I choose? Only within the free portion. Your children, parents and spouse have reserved shares that a will cannot override.
Is a will made abroad valid in Turkey? In terms of form, usually yes. However, Turkish law always applies to real estate in Turkey, and your heirs will still need a Turkish certificate of inheritance for land registry and bank transactions.
Where is a Turkish will kept? An official will is kept by the notary who drew it up. A handwritten will can be deposited with a notary or a magistrate court, or kept privately.
What will my heirs need to do after my death? The will is opened by the magistrate court, a certificate of inheritance is obtained, and the property is then transferred at the land registry once the inheritance tax return has been filed.
Conclusion
A will made with Turkish law in mind is the simplest way to make sure your property in Turkey goes where you intend, without long delays for your family. For property owners living abroad, the key points are to respect the reserved shares, to choose the right form, and to coordinate any Turkish will with a will made in another country. Learn more about our inheritance law services in Turkey, or contact us to plan your will.
This article is for general information only and does not constitute legal advice.
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