Legal Assistance for Foreign Heirs and International Estates
Inheritance Law in Turkey
Inheritance matters involving Turkey may present complex legal questions, particularly where the deceased or the heirs are foreign nationals, reside abroad, or own assets in several countries.
Dr. Faruk Özkan, Attorney at Law provides legal assistance in inheritance matters involving foreign individuals, cross-border estates, inherited real estate and succession disputes in Turkey.
Holding a PhD in Private International Law from Istanbul University and an LL.M. from the University of Bonn, Dr. Özkan combines academic expertise with legal practice in matters involving multiple jurisdictions.
Can Foreigners Inherit Property in Turkey?
Foreign nationals may inherit property located in Turkey. However, the applicable succession rules and restrictions on the acquisition of immovable property must be examined in each case.
The fact that a person is not a Turkish citizen does not, by itself, exclude that person from inheritance.
Where an estate includes real estate in Turkey, the heirs may need to obtain an inheritance certificate, establish their legal entitlement and complete the necessary procedures before the land registry.
Restrictions concerning foreign ownership may also affect the acquisition or continued ownership of particular properties.
Which Law Applies to International Inheritance in Turkey?
Article 20 of the Turkish Private International Law Act
The principal conflict-of-laws rule governing international succession is Article 20 of Law No. 5718, the Turkish Private International and Procedural Law Act.
Under Article 20(1), succession is generally governed by the national law of the deceased. However, Turkish law applies to immovable property located in Turkey.
This distinction is particularly important where a foreign national dies leaving both movable and immovable assets in Turkey.
For example, the succession to an apartment located in Istanbul may be governed by Turkish substantive succession law, while the law applicable to other estate assets must be determined separately.
Article 20(2) also contains a specific rule concerning the causes of opening succession and matters relating to the acquisition and distribution of an estate, referring to the law of the country where the estate is located.
Consequently, international succession should not be approached on the assumption that one legal system necessarily governs every aspect of an estate.
Why Does the Applicable Law Matter?
The applicable law may affect:
- Identification of the legal heirs.
- Determination of inheritance shares.
- Rights of surviving spouses and descendants.
- Testamentary dispositions and reserved portions.
- Distribution of estate assets.
- The legal consequences of succession.
Where an estate extends across several countries, the relevant legal issues must be assessed individually.
Inheritance Certificate in Turkey
An inheritance certificate, known in Turkish as a mirasçılık belgesi or veraset ilamı, is a document identifying the heirs and their respective inheritance shares.
Under Article 598 of the Turkish Civil Code, inheritance certificates may be issued by the competent civil court of peace or, where legally permitted, by a notary.
International succession cases may require judicial proceedings, particularly where foreign nationality, foreign civil-status documents or questions concerning the applicable law prevent the matter from being resolved through ordinary notarial procedures.
Documents issued abroad may require authentication, apostille certification or other applicable legalization procedures, together with a Turkish translation.
The precise documentation depends on the deceased person's nationality, family circumstances and the nature of the estate.
An inheritance certificate is not necessarily conclusive. Its invalidity may be asserted in accordance with Turkish law.
Inheriting Real Estate in Turkey
Where a deceased person owned an apartment, house, land or other immovable property in Turkey, the heirs may need to complete procedures before the Turkish land registry.
These procedures may involve:
- Obtaining an inheritance certificate.
- Identifying the registered properties and ownership interests.
- Establishing the legal entitlement of each heir.
- Reviewing restrictions affecting foreign ownership.
- Addressing applicable inheritance and transfer-related tax obligations.
- Applying for registration of succession before the land registry.
A distinction must be made between acquiring inheritance rights under the applicable substantive law and completing the registration procedures necessary to reflect those rights in the land registry.
If several heirs acquire the same property, further legal questions may arise concerning joint ownership, division, sale or termination of co-ownership.
Bank Accounts and Other Assets of the Deceased
International estates frequently include assets other than real estate.
A deceased person may have maintained bank accounts, deposits, investments, company shares or receivables in Turkey.
Accessing or transferring such assets may require an inheritance certificate, tax documentation and compliance with the procedures of the relevant institution.
Where foreign documents or court decisions are involved, additional questions may arise concerning their legal effect in Turkey.
The applicable succession law and the requirements governing access to particular assets should be considered separately.
Foreign Wills and Testamentary Dispositions
A will executed outside Turkey may raise questions concerning its formal validity, the testator's capacity and the substantive rules governing succession.
Article 20(4) of Law No. 5718 refers to the conflict-of-laws rules on formal validity and also recognizes testamentary dispositions made in accordance with the deceased person's national law.
Article 20(5) provides that testamentary capacity is governed by the national law of the person making the disposition at the time it was made.
However, the formal validity of a foreign will does not automatically resolve every issue concerning its substantive effects or implementation in Turkey.
Where immovable property is located in Turkey, the mandatory consequences of the applicable Turkish succession rules may require separate examination.
Inheritance Disputes and Litigation in Turkey
Disputes between heirs may concern the identification of beneficiaries, inheritance shares, validity of testamentary dispositions, distribution of property or the administration of the estate.
Depending on the circumstances, legal proceedings may involve:
Disputes Concerning Inheritance Certificates
Proceedings relating to an inaccurate inheritance certificate or disagreement over the identity and shares of the heirs.
Annulment of Testamentary Dispositions
Challenges to wills or other testamentary dispositions on legally recognized grounds.
Reduction of Testamentary Dispositions
Claims concerning dispositions that infringe protected inheritance shares, where the applicable substantive law provides such protection.
Partition and Termination of Co-Ownership
Disputes concerning the division or sale of inherited property jointly held by several heirs.
Recovery of Estate Assets
Claims relating to property allegedly withheld, transferred without legal entitlement or otherwise excluded from the estate.
The appropriate claim, competent court and applicable law must be determined according to the facts of each dispute.
Can Foreign Heirs Handle Inheritance Matters Without Travelling to Turkey?
In many cases, foreign heirs can authorize a Turkish attorney through a properly executed power of attorney.
Depending on the matter, the power of attorney may be issued before a Turkish consulate or through a foreign authority, subject to the applicable formal requirements.
Documents issued abroad may require apostille certification or other legalization procedures and certified Turkish translations.
Not every inheritance procedure can necessarily be completed remotely. The available options depend on the transaction, the documentation and the requirements of the competent authorities.
Frequently Asked Questions
Can a foreigner inherit an apartment in Turkey?
Yes, foreign nationals may inherit real estate in Turkey, subject to the applicable succession rules and restrictions concerning foreign ownership.
Which country's inheritance law applies if a foreigner dies owning property in Turkey?
Under Article 20 of Law No. 5718, succession is generally governed by the deceased person's national law, while Turkish law applies to immovable property located in Turkey. Additional conflict-of-laws rules may govern specific aspects of the estate.
How can a foreign heir obtain an inheritance certificate in Turkey?
An application may be made to the competent authority. Cases involving foreign elements may require a court application and supporting documents establishing the deceased person's family relationships and the applicable succession rules.
Is a foreign inheritance certificate automatically valid in Turkey?
Not necessarily. Its legal effect depends on the nature of the document and the relevant Turkish rules concerning foreign documents and decisions. Additional proceedings or documentation may be required.
Can a foreign will be used in Turkey?
A foreign will may be recognized as formally valid under the applicable conflict-of-laws rules. Its substantive effects and implementation must be assessed separately.
Can foreign heirs access the deceased person's Turkish bank accounts?
Foreign heirs may be able to obtain access to estate assets after establishing their legal entitlement and completing the applicable institutional and tax procedures.
Can inheritance proceedings be handled through a power of attorney?
Many procedures can be conducted through authorized legal representation, provided the power of attorney satisfies the applicable formal and substantive requirements.
Legal Assistance in International Inheritance Matters
Cross-border inheritance requires careful consideration of succession law, property rights, procedural requirements and the interaction between different legal systems. Dr. Faruk Özkan provides legal assistance in matters involving foreign heirs, inherited real estate, inheritance certificates, testamentary dispositions and succession litigation in Turkey.