WHAT IS A WILL?

HOW TO WRITE A WILL IN TURKEY?

The answer to the question “How to write a will in Turkey?” is regulated under Articles 532, 538, and 539 of the Turkish Civil Code, which stipulate that a will can only be made in three ways:

1. Holographic (Handwritten) Will in Turkey

A holographic will is the simplest and easiest way for a testator (the person making the will) to express their last wishes. This type of will must be entirely handwritten by the testator, include a clearly written date, and be signed by the testator.

The requirement that the entire document, including its content, date, and signature, must be in the testator’s own handwriting ensures its authenticity. If the will in Turkey consists of multiple pages, it is advisable to number and sign each page to ensure internal consistency. Any additions, deletions, or modifications made by third parties could invalidate the will, either in whole or in part.

A handwritten will in Turkey can be kept by the testator or deposited with a notary, a civil court judge, or an authorized official, either openly or in a sealed form. If found after the testator’s death, the person who discovers the will must immediately submit it to the civil court judge, regardless of its validity.

2. Official Will in Turkey

An official will in Turkey is a will made in the presence of two witnesses, before a notary, a probate judge, or an authorized officer. Those without legal capacity, individuals prohibited from public service, illiterate persons, the testator’s spouse, direct ancestors and descendants, siblings, and the spouses of these individuals cannot serve as witnesses or act as officers in the preparation of an official will in Turkey. The main formalities and additional formal requirements must be adhered to in an official will. The process for drafting an official will is as follows:

1. The testator expresses their last wishes, and the official authority drafts the will accordingly.
2. The testator reads and signs the will.
3. The official authority dates and signs the will.
4. Without interruption, the testator declares in front of two witnesses that they have read and approved the will as their final wishes.
5. The witnesses sign the will, which is then stored by the notary and reported to the Civil Registry Office.

An official will in Turkey carries stronger legal weight compared to a handwritten will. It is prepared by legal professionals, ensuring clarity and eliminating ambiguous expressions. Moreover, the testator does not need to be literate for this type of will to be valid.

3. Oral Will in Turkey

The legislator has ruled that oral wills can only be made in exceptional circumstances, when neither of the other two types of wills can be made. Examples of extraordinary situations include imminent danger of death, transportation disruption, illness, and war. The extraordinary situation must exist at the moment the oral will is made.

An oral will in Turkey has two stages. In the first stage, the person making the will orally expresses their final wishes in the presence of two witnesses. These witnesses should not be individuals who will benefit from the will. Additionally, the same restrictions on witnesses as in the official will apply to oral wills.

The second stage concerns the witnesses’ role. Witnesses are not obliged to carry out the task assigned to them by the testator. If they accept, they may either write down the testator’s final wishes, indicating the place and date, on a document and submit it without delay to the nearest probate or civil court, or they may apply to the court and convey the testator’s final wishes to the judge.

An oral will has no expiration date. However, if the testator later gains the possibility of creating a will in another form, the oral will remains valid for one month from the moment this possibility arises. If the one-month period passes, the oral will becomes automatically void.

HOW TO MAKE A LEGALLY VALID WILL IN TURKEY?

In Turkish Law, wills are subject to strict formal requirements. In order to draft a legally valid will in Turkey, one must be well aware of the formal requirements set by the law. According to the Turkish Civil Code (TMK), for a will to be valid, it must comply with certain formal conditions. Wills that are not prepared in accordance with these conditions may be annulled or deemed invalid. The existence of an invalid will may lead heirs to file lawsuits, such as inheritance fraud cases.

First and foremost, for a will in Turkey to be considered valid, the person must have the intent to make a will. If there is no explicit or implicit declaration of intent, then there is no will.

After the testator’s intent, it is necessary to check whether the will complies with the legal requirements set by the legislator. Even if the testator expresses their intent, if the will does not meet the formal conditions set by the law, the declaration of intent will be deemed invalid, and the will shall have no legal effect.

Since there is no specific age limit for drafting a will in Turkey, anyone of any age can make a will. However, in order to make an legally valid will in Turkey, the person must be of sound mind and must make their decisions consciously.

1. Formal Requirements for the Validity of a Will in Turkey

The Turkish Civil Code (TMK) regulates the written form requirements for a last will in three different ways:

1.1. Validity Requirements For Official Last Will in Turkey

An official last will in Turkey is a type of will that is drafted in the presence of a notary, a justice of the peace, or an authorized officer, with the participation of two witnesses (TMK Article 532). In order for an official last will to be legally valid, the following conditions must be met:

• Drafted Before an Authorized Authority: The last will in Turkey must be prepared in the presence of a notary, a justice of the peace, or an authorized officer.
• Reading and Signing Requirement: The testator must read and sign the text prepared in accordance with their declared intent.
• Participation of Witnesses: The testator’s declaration must be confirmed in the presence of two witnesses, who must verify that the testator has made the last will of their own free will.

An official will in Turkey is one of the most secure types of wills and has the lowest risk of annulment.

1.2. Validity Requirements For Holographic (Handwritten) Will in Turkey

A holographic will in Turkey is a type of will that is entirely written and signed by the testator (TMK Article 538). For it to be valid, the following conditions must be met:

• Must Be Entirely Handwritten: The last will must be written entirely in the testator’s own handwriting. Wills typed on a computer or typewriter are not considered valid.
• Must Contain a Date: The last will must include a full date (day, month, and year). If the date is missing or incorrect, the will may be considered invalid.
• Must Be Signed: The testator must sign the holographic will. If there is no signature, the will is deemed invalid.

A holographic will in Turkey carries a higher risk of annulment compared to an official will. However, if it is prepared in compliance with legal requirements, it remains legally valid.

1.3. Validity Requirements For Oral Will in Turkey

An oral will is a method used in exceptional circumstances where drafting a written will is impossible (e.g., war, natural disasters, serious illness) (TMK Article 539). For it to be valid, the following conditions must be met:

• Must Be Declared in the Presence of Two Witnesses: The testator must verbally express their last wishes before two witnesses.
• Must Be Recorded by Witnesses: The witnesses must immediately write down the testator’s statements, sign the document, and submit it to a judge.
• Witness Testimony Before the Court: If a written document is not available, the witnesses must testify before the court regarding the testator’s last wishes.

An oral will loses its validity once the extraordinary circumstances end, and the testator must then draft a new written will.

2. Consequences of Failing to Comply with the Formal Requirements for a Last Will in Turkey

For a last will in Turkey to be legally valid, it must fully comply with the formal conditions set by the Turkish Civil Code. Otherwise, it can be annulled through a lawsuit filed by heirs or other interested parties.

Common reasons for a will in Turkey to be declared invalid include:

• Failure to Draft an Official Will Before an Authorized Authority: If an official will in Turkey is not made before a notary, it is legally invalid.
• Missing or Incorrect Date: A holographic will that lacks a complete and correct date may be annulled.
• Non-Compliant Witnesses: If the witnesses do not meet legal requirements (e.g., heirs acting as witnesses), the will may be challenged in court.
• Coercion, Fraud, or Undue Influence: If the testator drafted the will under coercion, fraud, or deception, this constitutes a valid reason for annulment.

To create a legally valid and unbreakable will in Turkey, one must strictly comply with the formal conditions specified in the Turkish Civil Code (TMK). Ensuring compliance with these legal requirements prevents potential annulment lawsuits and ensures that the inheritance is distributed according to the testator’s wishes.

SPECIAL CASES IN WILL DRAFTING IN TURKEY

In Turkish Law, special provisions have been established for certain exceptional cases in the will-making process in Turkey. Compliance with these provisions is essential for drafting a legally valid testament in Turkey.

1. Visually Impaired Individuals

In legal doctrine, it is generally accepted that visually impaired individuals cannot compare a text written in Braille with the official text prepared by the authorized officer. For this reason, visually impaired individuals must draft their testament in Turkey in the same manner as illiterate persons, meaning they must declare their will orally before an official authority with witnesses present.

2. Deaf and Mute Individuals

Literate deaf and mute individuals can draft their wills in the form of an official will in Turkey. Illiterate deaf and mute individuals must draft their official wills without reading or signing them, following the same procedure as illiterate persons.

3. Non-Turkish Speakers

A testator who does not speak Turkish may draft a will in Turkey with the assistance of a sworn translator.

4. Safekeeping of the Will

Official wills are kept by notaries, who also notify the civil registry office that a will exists. Holographic (handwritten) wills can be kept by anyone but must be submitted to the justice of the peace after the testator’s death.

CONDITIONS FOR DRAFTING A WILL FOR INDIVIDUALS OVER 65 IN TURKEY

According to the Turkish Civil Code (TMK), any individual with legal capacity may draft a will in Turkey. However, individuals over 65 years old may be subject to additional requirements due to age-related factors. When drafting a will at this age, it is crucial to meet specific criteria, particularly regarding mental competence, legal capacity, and formal requirements.

1. Legal Capacity And Mental Competence Requirement

Under Article 502 of the TMK, a person must be mentally competent and of legal age to draft a last will in Turkey. For individuals over 65, the determination of mental competence is critical because it directly affects the validity of the will.

1.1. Determining Mental Competence

As individuals age, their cognitive abilities may decline due to conditions such as Alzheimer’s or dementia. If there is a lack of mental competence, the will may later be contested and declared invalid. To prevent such disputes, individuals over 65 should consider the following:

• Opt for an Official Will: Since a notary evaluates the testator’s mental competence, official wills are less likely to be contested.
• Obtain a Medical Report: To prevent future legal conflicts among heirs, obtaining a medical report at the time of drafting the will is advisable. This report can serve as strong evidence if the testator’s mental capacity is later questioned.

1.2. Loss of Legal Capacity

If an individual lacks legal capacity or mental competence at the time of drafting the will in Turkey, the document will be invalid. If a person diagnosed with dementia signs a testament in Turkey andmedical records indicate a lack of competence, the will can be annulled by a court. If the testator’s legal incapacity has been declared by a court, any will they create is automatically invalid.

2. Formal Requirements And Legal Safeguards

To ensure the validity of the will for individuals over 65, it is crucial to strictly follow the legal formalities outlined in the TMK.

2.1. Official Will (Most Reliable Option)

An official will in Turkey is prepared in the presence of a notary, justice of the peace, or an authorized officer, along with two witnesses (TMK Article 532). This is the most secure method for individuals over 65 because:

• A notary confirms the testator’s mental competence.
• The will is witnessed, reducing the risk of future disputes.
• It is officially recorded, preventing loss or forgery.

2.2. Handwritten Will and Associated Risks

A handwritten will in Turkey is written entirely by the testator and signed (TMK Article 538). However, for individuals over 65, handwritten wills pose certain risks:

• Mental competence may be questioned.
• Forgery or manipulation claims may arise.
• Omissions or errors in the date can lead to invalidation.

To minimize risks; the last will and testament in Turkey should be signed in the presence of witnesses and a medical report confirming the testator’s competence should be obtained.

2.3. Oral Will (Exceptional Cases Only)

An oral will is only possible in extraordinary circumstances (for example, serious illness or natural disasters) (Turkish Civil Code, Article 539). It is quite difficult for individuals over the age of 65 to have an oral will accepted, as the witnesses are required to later apply to the court to have it written down.

3. Preventing Invalidation And Legal Challenges

To reduce the risk of cancellation or legal disputes, individuals over 65 should:

• Prefer an official will prepared by a notary.
• Obtain a medical report confirming mental competence.
• Ensure the will is witnessed and properly documented.
• If necessary, seek assistance from a lawyer to avoid legal pitfalls.

Individuals aged 65 and over can draft a will in Turkey as long as they maintain their legal capacity. However, with aging, cognitive abilities may become questionable, which increases the risk of their wills being revoked.

Therefore, for individuals over 65, drafting an official will in Turkey, obtaining a health report, and having the procedure carried out in the presence of a notary are the most effective methods to ensure a valid and irreversible will.

Additionally, for individuals aged 65 and over, it is important to obtain a health report when carrying out transactions through a power of attorney, as this helps prevent the potential misuse of the power of attorney, which could lead heirs to file property cancellation lawsuits.

DOCUMENTS REQUIRED FOR DRAFTING A WILL AT A NOTARY IN TURKEY

A will and testament is a unilateral legal transaction that determines how an individual’s assets will be distributed after their death. According to the Turkish Civil Code (TMK), certain formal requirements must be met for a will to be valid. The most secure and legally binding type of will is the official will, which is drafted before a notary. The testator must present the necessary documents to the notary in order to draft a will in Turkey.

1. Documents Required for Drafting a Will at a Notary in Turkey

Individuals who wish to draft a will at a notary in Turkey are required to submit the following documents:

1.1. Identity Document

• A valid identity card, passport, or driver’s license must be provided.
• The identity document must include the Turkish Republic identification number.
• If the identity document is not valid, the notary may refuse to process the transaction.

1.2. Medical Report (If Required)

• The notary is responsible for assessing whether the testator has mental competence.
• Individuals over 65 years old or those with serious health issues may be required to obtain a medical report from a fully equipped hospital to avoid potential annulment lawsuits in the future.
• The medical report must explicitly state: “Legally competent to perform legal transactions.”

1.3. Will Text or Instructions

• The testator may submit a written draft or request the drafting of a will by making an oral declaration in the presence of a notary.
• The assets to be bequeathed and the identity details of the heirs must be specified.
• If specific immovable or movable properties are being bequeathed, their details should be clarified.

1.4. Title Deed, Vehicle Registration, and Bank Statements (If Necessary)

• If the will includes real estate (house, land, etc.), the title deed must be provided.
• If vehicles are being bequeathed, vehicle registration documents must be submitted.
• If bank accounts are to be included, the relevant account information must be declared before the notary.

1.5. Witnesses

• According to the Turkish Civil Code, an official will must be drafted in the presence of two witnesses.
• Witnesses must not be heirs and must be impartial.
• Witnesses must submit their identity documents.

2. Process of Drafting a Will at a Notary in Turkey

1. The notary verifies the identity of the testator.
2. The notary assesses whether the testator has mental competence.
3. The testator states their wishes regarding the distribution of assets, either verbally or in writing.
4. The notary drafts the will in accordance with legal requirements.
5. The testator confirms and signs the will in the presence of two witnesses.
6. The notary records and certifies the will.
7. A copy of the will is kept by the notary and reported to the Civil Registry Office.

Individuals who wish to draft a will at a notary in Turkey must present their identification document, a health report (if necessary), information about the contents of the will, and documents related to the relevant assets. An official will and testament in Turkey, prepared in the presence of a notary and two witnesses, is the safest type of will. A notarized will that complies with the formal requirements is the type of will with the lowest likelihood of being revoked.

REVOCATION, COMPLETION, AND MODIFICATION OF A TESTAMENT IN TURKEY

Since a testament in Turkey is established through a unilateral declaration of intent, the testator may change or complete their will at any time. The testator may make any modifications to the will until it is finalized. A last will in Turkey is considered completed once the testator signs the document. After completion, any handwritten changes must be accompanied by a date and signature and must be consistent with the entire will.

Additionally, a testament in Turkey may be revoked by the testator at any time. The testator may create a new will, thereby nullifying or destroying the previous one. If the testator fully replaces their previous will, the new will should explicitly state that the previous will is entirely void. Otherwise, the texts of both wills will be compared to determine whether an implicit revocation has occurred.

The revocation of a will in Turkey does not necessarily have to follow the same form as the original will. A formal (notarized) will can be revoked through a handwritten will.

INVALIDITY OF A LAST WILL AND TESTAMENT IN TURKEY

When examining inheritance provisions, it is observed that two types of invalidity apply to testamentary dispositions: annulment and automatic invalidity by law. Although less common, a last will and testament in Turkey may also be null and void due to absolute nullity or nonexistence. In such cases, the will does not produce any legal effect from the outset.

• Nonexistence

If the testator lacks the intent to create a will in Turkey, a fundamental element of the process is missing. For example, if a third party drafts the will on behalf of the testator or if the testator later renounces making a will in Turkey, the will is considered nonexistent. In such cases, a declaratory lawsuit can be filed to determine the situation.

• Absolute Nullity

In cases where no result is achieved despite all possible interpretative methods being applied to the content of the will, where the testator completely disregards the formal requirements, or where the content of the disposition is impossible to fulfill, the will is deemed absolutely void.

• Automatic Invalidity by Law

A last will and testament in Turkey is valid at the moment it is made. However, it may later become invalid due to legal reasons. For example, if the testator later revokes the will through a subsequent legal action, if a suspensive condition has not occurred, or if the basis of the transaction is removed, these reasons can invalidate the will.

If a will in Turkey is made for any of the following reasons, a lawsuit can be filed for its annulment:

1. If the testator lacks the capacity to distinguish (e.g., if the testator has a mental illness when the will is made).
2. If the formal requirements are not followed (e.g., a will written on a computer is invalid).
3. If it was made under pressure, threat, or fraud from the heirs.
4. If it violates the heirs’ reserved shares.
5. If the will was destroyed before being opened by a notary or the court.

In these cases, the heirs or relevant parties can file a lawsuit for the annulment of the will in Turkey.

WHAT ARE THE LEGAL REQUIREMENTS FOR THE VALIDITY OF A WILL IN TURKEY?

1.1 Testamentary Capacity (Condition of Legal Capacity)

To be able to draft a will in Turkey, certain legal capacity requirements must be met:

1. Age Requirement: The testator must be at least 15 years old (Turkish Civil Code, Article 502).
2. Capacity to Distinguish: The testator must be of sound mind and capable of making conscious decisions. Wills made by individuals with mental illness, dementia, or under the influence of alcohol or drugs may be considered invalid.
3. Health Report (If Necessary): A health report is recommended, especially for individuals aged 65 and over or those who are claimed to have mental health issues.

If a person loses their capacity to distinguish while making a will, the last will and testament in Turkey will not meet the validity conditions and may be legally invalid.

1.2 Formal Requirements for a Will (Execution Formalities)

For a will to be legally valid, it must comply with certain formal requirements of Turkish Law. According to the Turkish Civil Code, a will can be executed in three ways:

1.2.1 Official (Notarized) Will in Turkey

• Executed before a notary public (TCC Art. 532).
• Must be signed in the presence of two witnesses.
• Recorded and archived by the notary, minimizing the risk of loss or forgery.

1.2.2. Handwritten Will in Turkey

• Must be entirely handwritten and signed by the testator (TCC Art. 538).
• Must include a clear date.
• Computer-typed or typewritten wills are invalid.

1.2.3. Oral Will (Exceptional Cases Only)

• Only valid in extraordinary circumstances (e.g., war, natural disaster, life-threatening situations) (TCC Art. 539).
• Must be made orally in the presence of two witnesses, who must then document and submit it to a court.

Failure to comply with formal requirements may lead to the annulment of the will due to procedural invalidity.

1.3. Substantive Requirements (Legal and Ethical Compliance)

The content of a will in Turkey must comply with legal and ethical standards. The Turkish Civil Code outlines the following requirements:

1. Must not violate the law or public morals.
   • Clauses that contradict legal or public order are invalid.
   • For example a testator cannot impose a condition requiring an heir to marry a specific person.
2. Must not infringe upon the reserved shares of heirs.
   • Under the TCC, certain heirs (spouse, children, parents) are protected and entitled to a reserved share.
   • If a will violates reserved shares, heirs may file a reduction lawsuit (tenkis davası).
3. Assets must be explicitly specified.
   • Vague or contradictory statements may complicate the execution of the will.
4. Beneficiaries must be clearly identified.
   • Instead of broad statements like “I leave my entire estate to charity,” the will should name specific institutions or individuals.

Provisions that contradict these substantive requirements may be deemed invalid or challenged in court.

A last will and testament in Turkey is a legally binding document, and heirs and related individuals are required to comply with it. If the will is not honored, creditors of the will can resort to legal action by applying to the court to enforce it or initiate a lawsuit. Additionally, intentionally failing to execute the will can result in legal and criminal liability for the heirs. Therefore, if the heirs do not fulfill the will, creditors of the will can initiate legal proceedings to claim their rights.

For a will to be valid in Turkey, the conditions for the validity of the will must be met. The validity of the will is crucial to prevent potential inheritance disputes in the future. Therefore, it is recommended to prepare an official will and seek legal advice in Turkey.

REASONS FOR CANCELLATION OF A LAST WILL AND TESTAMENT IN TURKEY

The reasons for the cancellation of a will in Turkey are stated in Article 557 of the Civil Code in four points.

• Incapacity

The person who makes the will must have the ability to distinguish and be at least 15 years old.

• Disturbance of Will

Wills made under the influence of mistake, deceit, fear, or coercion are invalid.

• Contradiction to Law and Morality

If the content of a will or the conditions and stipulations attached to the disposition are contrary to law and morality, the will is invalid. In assessing the contradiction to law and morality, the legal and moral rules at the time the disposition was made are taken into account.

• Lack of Form

If the will does not meet the formal requirements stipulated in the law, this is a reason for cancellation. The lack of form is generally found in handwritten wills.

WHAT HAPPENS IF A WILL IS NOT EXECUTED IN TURKEY?

According to the Turkish Civil Code (TMK), when a valid will is made, heirs and other related persons are obliged to act in accordance with this will. However, in some cases, if the will is not executed, it is considered to be violated by the heirs. In such cases, legal sanctions come into play, and various legal ways are available for the execution of the will.

1. Cases Where the Will is Not Executed in Turkey

The non-execution of the will in Turkey may occur in the following cases:

• Heirs or relevant persons do not comply with the will: Heirs may not wish to fulfill the content of the will. The property bequeathed may not be transferred to the designated beneficiary.
• The will is hidden or concealed: It is possible for some heirs to deliberately hide or destroy the will.
• Legal process for invalidating the will is initiated: Some heirs may file a lawsuit for the cancellation of the will, and the process may be delayed.
• Legal actions are not taken to execute the will: If the beneficiaries of the will (those benefiting from the will) do not demand their rights, the will may not be implemented in practice.

2. Legal Ways to Follow if the Will is Not Executed in Turkey

2.1. Opening and Announcing the Will

The last will and testament in Turkey must be opened by a notary or a court and communicated to the relevant parties. According to TMK Article 595, the will must be opened by a notary, peace judge, or the competent court, and it must be announced to the heirs.

If heirs or relevant persons do not execute the will despite it being opened, legal avenues are activated.

2.2. Lawsuit for Cancellation of the Will in Turkey

Heirs who do not comply with the will may file a lawsuit claiming that the will is invalid. However, this lawsuit can only be based on certain legal grounds:

• The testator lacks the ability to distinguish
• The will was made under pressure, threat, or fraud
• The will does not meet the legal formal requirements

If the court rules that the will is valid, the heirs are obliged to execute the will. A disinherited heir has no right to file this lawsuit.

2.3. Forced Execution of the Will (Partition and Registration of the Estate)

If heirs refuse to comply with the will in Turkey, beneficiaries of the will can take the following legal actions:

• They may apply to the peace court and request the official liquidation of the estate (heritage).
• They can apply to the land registry office to request the transfer of the real estate designated by the will to the relevant person.
• They can start enforcement proceedings for the transfer of the bequeathed property.

2.4. Applying to the Court for Execution of the Will in Turkey

Beneficiaries of the will, if the heirs do not act in accordance with the will, may file an action for reduction of the inheritance or execution of the will in Turkey.

• Action for Execution of the Will in Turkey: This ensures the court order that makes the execution of the will in Turkey mandatory.
• Action for Reduction: If the will violates the compulsory share of heirs (for example, children), the heirs can file an action for reduction.

3. Sanctions for Non-Execution of the Will in Turkey

If an heir or relevant person deliberately obstructs the execution of the will in Turkey, the following sanctions may apply:

• Legal Sanctions: The court may decide on the forced execution of the will. Heirs may be forced to transfer the bequeathed properties.
• Compensation Lawsuits: If heirs deliberately violate the rights of the beneficiaries, lawsuits for material and moral compensation can be filed.
• Criminal Responsibility: Concealing, destroying, or altering the last will and testament in Turkey is against the law and may lead to criminal liability. According to the Turkish Penal Code, those who unlawfully destroy or alter a will may face imprisonment.

A last will and testament in Turkey is a legally binding document, and heirs and relevant individuals are required to comply with it. If the will is not executed, the beneficiaries of the will can approach the court using enforcement of will and legal proceedings. Additionally, deliberate non-execution of the will can lead to legal and criminal liability for the heirs. Therefore, if the will is not executed, the beneficiaries can initiate legal proceedings to claim their rights.

WHAT IS A LAWSUIT FOR CANCELLATION OF A WILL IN TURKEY?

A last will and testament in Turkey can only become invalid through a cancellation lawsuit. Existing deficiencies do not automatically invalidate the disposition. A lawsuit for the cancellation of a will can be filed by an heir or a beneficiary who has an interest in the annulment of the will in Turkey.

A lawsuit for the cancellation of a will in Turkey is an innovative lawsuit. With this lawsuit, the removal of the will is requested from the court. If a decision is made, the will will be retrospectively nullified.

1. Grounds for Cancellation of a Will in Turkey

According to the Turkish Civil Code, a will can be annulled. There can be various reasons for the annulment of a will:

• Contradiction to the Law: A will cannot be contrary to the provisions of the civil code, public order, or morality. If a will is made in violation of the formal conditions specified by law, it may be considered invalid in Turkey.
• Capacity Issues for the Cancellation of the Will: If the person making the will does not have the capacity to make a will, it can be a reason for annulment. If the testator is mentally unfit or has limited capacity when making the will, the will may not be valid.
• Coercion or Deception: If a will is made under coercion, threat, or fraud, this constitutes a valid ground for the annulment of the will.

2. Court Competent for the Lawsuit for Cancellation of a Will in Turkey

The lawsuit for the cancellation of a will in Turkey is heard by the Civil Court of First Instance. The cancellation lawsuit is filed to determine whether the will is valid or not and can be filed by the heirs or beneficiaries. The lawsuit for the cancellation of a will in Turkey can be filed at the court in the place where the will was made, or it can also be filed at the court in the last residence of the deceased.

3. Time Limit for Filing a Cancellation of a Will Lawsuit in Turkey

The plaintiff must file a cancellation of a will lawsuit in Turkey within 1 year from the date they learned about the cancellation reason, the existence of the will, and their right to claim. This time period generally starts from the date the will is opened. Furthermore, against bona fide defendants, the right to file a lawsuit expires after 10 years from the date the will was opened, and after 20 years against bad-faith defendants.

For the process to be initiated, the will must have been opened and a decision regarding its validity must have been made. If the will is annulled, the provisions of the will become invalid, and the legal inheritance rules apply. Legal heirs can then begin the inheritance transfer process in Turkey.

4. Possible Outcomes of the Lawsuit for Cancellation of a Will in Turkey

As a result of the lawsuit for the cancellation of a will in Turkey, the court may decide that the will is invalid. In this case, the testator’s property will be divided according to the legal heirs. However, the lawsuit for the cancellation of the will in Turkey only affects the will, not the relationships between the heirs.

If the court approves the annulment of the will, this allows the heirs or other beneficiaries to receive their legal entitlements.

The lawsuit for the cancellation of a will in Turkey can be filed by heirs or other relevant persons and aims to render the will invalid. The validity of the will depends on compliance with legal regulations, formal conditions, law, and morality.

WHAT IS A LAWSUIT FOR THE EXECUTION OF A WILL IN TURKEY?

The lawsuit for the execution of a will in Turkey is a legal process that ensures the will has been opened, no objections have been raised, and any objections have been dismissed. This lawsuit does not directly transfer an ownership right; it only confirms that the last will and testament in Turkey has become final and enforceable.

After the opening of the will in Turkey, the one-year statute of limitations for its annulment starts to run. If a lawsuit for the annulment of the will has been filed, it would be unlawful to make a decision in the lawsuit for execution of a will in Turkey before the result of the annulment case is determined.

As stated in a ruling by the Court of Cassation, concluding the will enforcement lawsuit in Turkey before completing the procedures for opening the will and notifying all heirs constitutes inadequate examination and is grounds for annulment.

1. Purpose of the Lawsuit for Execution of a Will in Turkey:

The purpose of the lawsuit for enforcement of a will in Turkey is for the Civil Court of Peace to confirm:

• The notification process has been completed.
• No objections have been raised or any objections have been rejected.
• The will has become final.

2. Legal Process in the Lawsuit for Execution of a Will in Turkey:

• After the decision to open the will is made, it is notified to the relevant heirs.
• The one-year period for filing an annulment lawsuit is awaited.
• If no annulment lawsuit is filed within this period or if the lawsuit is rejected, an application for enforcement of the will in Turkey can be made to the court.

The execution process of the will in Turkey starts when the beneficiary requests the transfer or registration of the property left to them by the will. The opening and execution of the will in Turkey are different procedures, and the property will not be transferred or registered unless the beneficiary requests the enforcement.

3. Rights of the Beneficiary in the Lawsuit for Enforcement of a Will in Turkey:

• Immovable Property (House, Land, etc.): To transfer the ownership of the bequeathed immovable property to the beneficiary, registration at the land registry is required. Until this registration is done, the ownership remains with the heirs. The beneficiary can request the registration of the immovable property in their name by opening a lawsuit for enforcement of the will in Turkey.
• Movable Property (Money, Jewelry, etc.): For movable properties that do not require land registry registration, the beneficiary can directly request the delivery of the property. If the heirs or the obligated party fail to deliver the property, enforcement proceedings in Turkey can be initiated through general attachment.

4. Court Competent for the Lawsuit for Enforcement of a Will:

The competent court for the lawsuit for execution of a will in Turkey is the Civil Court of First Instance. These cases are filed at the court in the place of residence of the deceased.

5. Statute of Limitations for the Lawsuit for Execution of a Will in Turkey:

Beneficiaries can request the transfer of the bequeathed property to themselves. To exercise this right, a lawsuit must be filed within a certain period. The statute of limitations is 10 years, starting from the date the will is opened and becomes final. While there are differing opinions in the Court of Cassation’s precedents, the 10-year period is considered to begin from the date the decision to open the will becomes final. If the beneficiary does not file a lawsuit for execution of the will in Turkey within this period, their request for execution will be time-barred.

6. Court of Cassation’s View on the Lawsuit for Enforcement of a Will in Turkey:

As indicated in the decisions of the Court of Cassation, if a lawsuit for the annulment of the will has been filed, the outcome of that lawsuit must be awaited first. It is unlawful to decide on the enforcement of the will in Turkey before completing the process of opening the will or confirming its finality.

The lawsuit for execution of a will in Turkey is an important step in the distribution of the inheritance and the identification of the rightful owners. However, a decision on enforcement before the expiration of the annulment period and the completion of all legal procedures is unlawful.

Additionally, if the testator’s full estate is unknown, a lawsuit for the determination of the estate should be filed to identify the assets. Therefore, heirs and interested parties must carefully monitor the process and make the necessary objections on time.

ARE WILLS MADE BY FOREIGNERS VALID AND ENFORCEABLE IN TURKEY?

Wills made by foreigners who are not Turkish citizens, in accordance with the laws of their own countries, are valid in Turkey. Additionally, wills and testaments made by foreign testators in Turkey in compliance with Turkish law are also valid.

When a request is made to enforce a foreign will in Turkey, Turkish courts examine the applicable national law of the deceased according to the rules of Private International Law. The crucial factor in the execution lawsuit of the will in Turkey is that the will does not contain provisions that contradict Turkish mandatory rules and morality.

If a foreigner prepares a will in a foreign notary’s office or handwrites it in their country, the will must first be opened by the competent court in the foreign country accordin to Foreigners Law. Afterward, it must be opened and enforced in Turkey as well.

Foreign nationals who wish to make a will regarding their property in Turkey—whether at a foreign notary or handwritten—should ensure that the will does not include provisions contradictory to Turkish law. The will should comply with both the national law of the foreign country and Turkish law. If the will contains provisions that contradict Turkish law, execution of the will in Turkey will be impossible.

In practice, Turkish citizens living in Germany often prepare wills. Whether the testator has property in Turkey or not, the validity of the last will and testament in Turkey is determined based on its conformity with both the national law and Turkish law. Therefore, individuals who want to draft a will in Germany should seek legal support from both German and Turkish inheritance lawyers to avoid any issues during the opening and enforcement of the will in Turkey.

THINGS TO CONSIDER WHEN DRAFTING A WILL IN TURKEY

Drafting a will in Turkey is an important legal action that determines how a person’s assets will be distributed after their death. Here are some key things to consider when preparing a last will and testament in Turkey:

• Acting with a clear and healthy mind is essential: Before initiating the process of drafting a last will and testament, being of sound mind and fully aware is crucial. This ensures the validity and legal binding nature of the will.
• Compliance with legal procedures is necessary: The will must be prepared in accordance with the legal procedures outlined in the Turkish Civil Code. Adhering to these regulations guarantees its legal validity.
• Heirs should be clearly identified: The individuals who will inherit assets must be explicitly determined in the last will and testament. In addition to legal heirs, other beneficiaries can also be included.
• A detailed list of assets should be prepared: The will must clearly specify the assets being bequeathed, such as real estate, vehicles, bank accounts, stocks, and cash, along with the designated recipients.
• Clarity and comprehensibility must be ensured: The language used in the last will and testament should be precise and understandable. Any ambiguity may lead to complications during the execution process.
• The will should be stored securely: Keeping the will in a safe place is of great importance. Additionally, informing the heirs about its location and how to access it can help facilitate the legal process.
• Seeking legal assistance is advisable: Drafting a will in Turkey is a complex process, and any errors may affect its legal validity. Consulting a lawyer ensures that the document is legally sound and properly structured.

THE IMPORTANCE OF LEGAL ASSISTANCE FROM A WILL LAWYER  IN TURKEY IN DRAFTING A VALID WILL

Drafting a last will and testament in Turkey is governed by strict formal requirements set by law. The process must consider even the smallest details prescribed by the legislator. Otherwise, the will in Turkey may be subject to an annulment lawsuit filed by the heirs or relevant parties, rendering the will invalid. If the will is annulled, legal heirs will inherit the estate instead. The lack of formal requirements is something the judge will consider ex officio, and the will can be canceled.

There are justified reasons for the legislator imposing strict formalities on the will-drafting process in Turkey. This approach prevents hasty, ill-considered decisions. A decision made in haste could lead to irreparable consequences for the estate of the deceased. Furthermore, these formalities help prevent the destruction of the last will and and testament in Turkey to ensure that the testator’s true intentions are accurately recorded.

For these reasons, seeking legal assistance before drafting a will in Turkey is extremely important. An invalid will not only directly impacts the estate in material terms, but if a will that does not meet the formal requirements is annulled, the final wishes of the deceased will not be fulfilled, causing emotional harm as well.

Whether drafting a handwritten will or an official will in Turkey, it is crucial to seek legal assistance from a will lawyer in Turkey to ensure that the will complies with the law and reflects the testator’s true intentions. A small mistake or oversight during the drafting of the will in Turkey can lead to significant consequences.

In addition to ensuring the will meets the formal requirements, legal necessities for the validity of the will should also be taken into account. Therefore, receiving legal help from a will lawyer in Turkey during the will-drafting process is critical. With the support of an expert such as a probate lawyer or legal consultant, all legal conditions will be thoroughly fulfilled, ensuring that the last will and testament in Turkey is legally sound and avoids potential issues.

Moreover, if a will is annulled, disputes and legal proceedings among the heirs are likely to arise. In such cases, heirs may jointly own real estate and could file a lawsuit to partition the property. This could lead to both financial and emotional consequences. Therefore, obtaining legal assistance during the will preparation process in Turkey ensures peace of mind and security for both the testator and the heirs.

In conclusion, seeking legal help from a will lawyer in Turkey during the will-drafting process is of utmost importance to prevent legal issues during the inheritance process and ensure that the will remains valid. By taking the relevant legal requirements into account and ensuring the testator’s true intentions are clearly reflected, legal assistance helps to guarantee the safety and success of the process.