What Foreigners Should Know About Inheritance Law in Turkey
Foreign individuals residing in Turkey or married to Turkish citizens may encounter legal processes when inheriting from their deceased spouse or relatives. This guide aims to provide a general overview of inheritance rights for foreigners in Turkey.
Scope and Fundamental Principles
Law No. 5718 on Private International Law and Procedural Law (MÖHUK): This law is the primary legal framework for all inheritance cases involving foreign elements.
Opening and Division of the Estate: An inheritance case is generally opened in the court where the deceased last resided. The division of the estate is subject to the law of the country where the estate is located.
Real Estate: Turkish law governs real estate located in Turkey. There may be certain restrictions on the acquisition of real estate by foreigners.
Movable Property: The national law of the deceased generally governs movable property.
Restrictions on Inheritance Rights for Foreigners
Acquisition of Real Estate: There are certain restrictions on the acquisition of real estate in Turkey by foreigners. These restrictions may involve reciprocity principles and limitations specific to citizens of certain countries.
Shares in the Inheritance: Shares in an inheritance are generally determined according to the provisions of the Turkish Civil Code, but in some cases, the national law of the deceased may also be considered.
Required Documents for Inheritance Cases
Death certificate
Marriage certificate (if applicable)
Proof of kinship
Will (if any)
Land registry records (for real estate)
Bank statements and insurance policies
Inheritance Certificate
To establish your status as an heir, you must obtain an inheritance certificate from a Turkish peace court. This document is necessary to dispose of your inheritance.
Important Points for Foreign Heirs
Consult a Lawyer: Turkish inheritance law can be complex. Therefore, it is important to consult with an inheritance lawyer to protect your rights.
Language Barrier: If you do not speak Turkish, you may need to work with a translator.
Follow the Process: You should closely follow the inheritance process, attend court hearings, and submit the required documents on time.
The inheritance rights of foreigners in Turkey are a highly technical subject. While this guide provides general information, it is important to remember that each case is unique. Therefore, if you are involved in an inheritance case, it is strongly recommended that you consult with an inheritance lawyer.
