In practice, Turkey recognizes three types of wills. A foreign will can be valid and recognized in Turkey if it meets the requirements of one of these types.
To be accepted by Turkish courts, the will must be original, translated into Turkish, and apostilled if needed.
In Turkish law, any person who has completed the age of 15 and has mental capacity can make a will. The three types of wills are:
Official Will (Resmi Vasiyetname)
This type is made before an official authority (usually a notary) and in the presence of two witnesses.
It provides the strongest proof, but it also requires strict adherence to formal rules.
For example, certain relatives by blood or marriage cannot act as witnesses; if they do, the court may invalidate the will.
Holographic Will (El Yazılı Vasiyetname)
This type of will is actually one of the most commonly used, and it only needs to meet three clear requirements. First, it must be entirely handwritten by the testator. Second, it must be signed. And third, it must clearly show the date.
For example, a will written on a page of a book, signed, and dated is perfectly valid. Even writing “this is my last will” inside a letter, with your signature and date, counts as a valid holographic will.
However, a will typed on a computer is not valid under Turkish law, although legal debates continue about digitally handwritten wills on tablets.
Oral Will (Sözlü Vasiyetname)
This is an exceptional type of will, allowed only in urgent situations such as war, epidemics, or imminent danger of death.
The testator must tell two witnesses their wishes, and the witnesses must write them down as soon as possible for submission to the authorities.
This type of will is truly a “last will” in the real sense. In fact, seriously ill people sometimes have no choice but to use this method in the final moments of their life. However, as I mentioned, it must involve two witnesses.
Important Note on Cross Border Inheritance
Be sure to read this carefully, because it’s a mistake that can cost you years. For instance, if you file a case abroad based on a foreign will and the will concerns property located in Turkey, the foreign court may issue a decision. You might then try to use that decision to claim the property in Turkey. However, Turkey does not accept this.
For immovable property in Turkey, you must file the case in Turkey and have the will recognized here. A foreign court’s decision about property located in Turkey does not apply in Turkey. Turkish courts have exclusive jurisdiction over immovable property in Turkey. (as regulated by Turkish Law, Law No:5718, article 21)
Cross-border inheritance involves many exceptions and procedural rules.
These blog posts aim to provide clear and simplified information, but they do not replace personalized legal advice.
If you have questions about a foreign will or inheritance involving assets in Turkey, feel free to contact me for guidance.
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