Is it possible for foreigners to make a will in Turkey?

Yes, it is possible for foreigners to make a will in Türkiye. Foreign person; He can prepare a will regarding his real estate in Türkiye, bank accounts, company shares and other assets to be implemented after his death. Do Foreigners Have the Right to Inherit in Türkiye? content explains other legal points related to this stage.

However, for the will to be valid, it is not enough for the person to just write his will. The capacity to make a will, the form of the document, reserved heirs and the foreigner's citizenship law should be evaluated together. In connection with this topic Inheritance Law You can also review the content titled .

Which is the Safest Option for a Foreigner?

For a foreigner who has assets in Türkiye, the safest method in practice is to have the will registered with a Turkish notary. official will It is arranged as .

Official will; It allows the official determination of the person's identity, will and transaction date. It also reduces the risks such as losing the document, denying the signature, or claiming that the will has been changed later.

Sworn translator support can be provided to foreigners who do not speak Turkish to understand the process. If the notary has doubts about the person's ability to make a will, he or she may request a medical report.

Three Types of Wills Available in Türkiye

1. official will

The official will is prepared in front of a notary, a judge of peace or an officer authorized by law and with the participation of two witnesses. The testator informs the officer of his or her last wishes; The text is signed by reading or having it read.

An official will may be preferred in cases of foreignness, lack of knowledge of Turkish, advanced age, property in Türkiye or possible conflict within the family.

2. hand written will

A handwritten will must be written in the testator's own handwriting from beginning to end. The year, month and day of the document must be written and signed by the testator.

A text prepared on a computer and signed only does not meet the requirements for a handwritten will. Although it is possible for the foreigner to write the will in his own language, translation and legal review may be required for the document to be used in Türkiye after death.

3. oral will

Verbal will is an exceptional method that can only be used in cases of imminent danger of death, war, interruption of transportation, serious illness or similar extraordinary circumstances.

The testator explains his last wishes to two witnesses. Witnesses must put this statement in writing without delay and deliver it to the judge or report it directly to the court.

Which Method Should Be Preferred?

How is the Foreigner's Capacity to Testate Determined?

The foreign person's capacity to make a will is evaluated according to the national law on the date the will was prepared. For this reason, the age and legal capacity rules of the country of which the person is a citizen may be important.

According to Turkish law, in order to make a will, one must have the power of discernment and be over 15 years of age. If there is mental health, serious illness, medication effect or any other condition that affects the will, the validity of the will may be subject to discussion later.

Especially for people who are older or have serious health problems, obtaining a medical report showing their ability to distinguish on the date of the transaction can provide important evidence against annulment cases that may be filed in the future.

What Can a Foreigner Arrange in a Will?

In the will, a general regulation can be made about all assets, or certain assets can be left to individuals or institutions.

• House, land or workplace in Türkiye,
• Money in bank accounts,
• Company shares,
• Vehicles and valuables,
• Certain receivables and rights,
• Contributions to be made to a foundation, association or other institution.

The testator may also appoint a person as heir, bequeath specific property, or appoint an executor to monitor the execution of the will.

Can Real Estate in Türkiye Be Left to a Foreigner with a Will?

It is possible to leave a real estate in Türkiye to a foreign real person by will. However, Turkish inheritance and real estate law is applied in title deed transactions to be carried out after death.

If the creditor of the will or the appointed heir is a foreigner, the restrictions on real estate acquisition by foreigners are also examined in terms of the region where the real estate is located and the citizenship of the person. About the relevant aspect of the process Inheritance Process of Foreigners Who Own Real Estate in Türkiye There is detailed information on the page.

If the real estate is not suitable for being owned by a foreigner, the testamentary right may turn into economic value or the real estate may need to be liquidated.

Do Reserved Shares Limit the Freedom of Will?

The person who prepared the will may not have unlimited authority to dispose of the assets. In Turkish law, some close heirs are protected as reserved heirs.

If the will violates the reserved shares, the heirs with the reserved shares can file a lawsuit for retaliation. In this case, earnings exceeding the disposable portion, not the entire will, may be reduced to the legal limit.

For this reason, it is important for foreigners who have a spouse, children or other heirs with reserved shares in Türkiye to have their inheritance shares calculated before preparing a will. Also Inheritance Procedures for Foreigners Deceased in Türkiye The issues explained in should be evaluated together with the concrete incident.

Is a Will Prepared in a Foreign Country Valid in Türkiye?

It is possible for a will prepared in a foreign country to be valid in Türkiye. In terms of the form of disposition upon death, the law of the country where the will was drawn up, the law applicable to the inheritance or the national law of the deceased may be taken into consideration.

In order for a foreign will to be used in Türkiye, the following procedures may be required, depending on the nature of the document:

• Providing the original or certified copy of the will,
• Completion of apostille or consular certification,
• Sworn Turkish translation and notary approval,
• Opening the will in the Turkish court and notifying the relevant parties,
• Action for recognition or execution of a will in necessary cases.

A notary public or court document in a foreign country should not be expected to automatically transfer title deed in Türkiye.

How is a Will Executed After Death?

The person who holds the will must deliver the document to the civil court of peace without delay after learning about the death of the testator.

The court opens the will and notifies the known heirs and other relevant parties. Opening a will does not mean that all provisions of the document are absolutely valid.

Cancellation of the will may be requested if it is alleged that there is incompetence, lack of form, deception, intimidation or illegal content. If there is a violation of reserved shares, a retaliation lawsuit may be brought to the agenda.

Can a Will Be Changed or Cancelled?

As long as the testator is alive and competent, he can change his will in whole or in part. He can draw up a new will, destroy the previous document, or dispose of the property he willed later.

In case there is more than one will, the dates and provisions of the documents are examined for compatibility with each other. A subsequent will may expressly repeal the earlier document or render it ineffective only in respect of conflicting provisions.

Things to Check Before Preparing a Will

• Citizenship and capacity requirements of the testator,
• Scope of assets in Türkiye and abroad,
• Whether there are heirs with reserved shares,
• Current title deed information of real estate,
• Identity and contact information of the beneficiaries,
• Foreign names are written the same way in documents,
• Whether there are previous wills or not.

Frequently Asked Questions

Is it possible for a foreigner to make a will without a residence permit in Türkiye?

Yes. Having a residence permit is not a mandatory requirement for making a will.

Can a foreigner who does not speak Turkish make a will at a notary?

Yes. A sworn translator can be used to understand the process.

Is a will written on a computer valid?

A signed computer printout alone is not considered a handwritten will. It must be converted into an official will at the notary.

Can a foreigner leave his entire inheritance to anyone he wants?

If there are heirs with reserved shares, freedom of disposition may be limited. Earnings exceeding the reserved share may be subject to a retaliation lawsuit.

Can a will prepared abroad be used in Türkiye?

Yes. However, its validity in terms of form, license, apostille, translation and court proceedings should be examined separately.

Can the will be changed after it is prepared?

Yes. While the testator is alive and has the necessary capacity, he can change his will or revoke it completely.

Legal information: This content has been prepared for general information purposes. Validity of the will; It should be evaluated according to the testator's citizenship, capacity at the date of issuance, the form of the document, reserved shares and the country where the assets are located.