Inheritance disputes in Turkey involving foreign heirs and Turkish citizens have become increasingly common, particularly in cross-border families, international marriages, and property-owning expats. These conflicts often arise when foreign nationals inherit Turkish property, share succession rights with Turkish relatives, or challenge wills made under the Turkish Civil Code.
At ER&GUN&ER Law Firm, our English speaking Turkish lawyers provide strategic legal support in resolving inheritance disputes between foreign and Turkish heirs. We represent clients in probate litigation, forced heirship claims, certificate of inheritance (veraset ilamı) proceedings, and partition lawsuits across Turkey. As experienced inheritance lawyers in Turkey, we protect our clients' rights in the face of complex legal, linguistic, and procedural challenges.
Legal Framework: Turkish Inheritance Law and Foreigners
Inheritance matters in Turkey are governed primarily by the Turkish Civil Code (Law No. 4721) and, for foreign-related cases, by Law No. 5718 on International Private and Procedural Law. According to Turkish law:
- Movable assets are inherited under the law of the deceased's nationality
- Immovable assets (real estate) in Turkey are subject to Turkish inheritance law
This means that even if the deceased was a foreign national, any property located in Turkey will be distributed according to Turkish succession rules. This includes rules on forced heirship (saklı pay), heir classes, and court-issued inheritance certificates. This often leads to disputes when foreign wills conflict with Turkish law or when legal heirs are excluded in favor of other beneficiaries.
Related topic: how foreign heirs can claim inheritance in Turkey
Common Conflict Scenarios Between Foreign and Turkish Heirs
Our law firm frequently handles disputes that fall into one of the following categories:
- Foreign spouse excluded from Turkish inheritance despite registered marriage
- Children from different marriages (Turkish and foreign) contesting shares
- Turkish family members disputing a will prepared abroad
- Conflicting certificate of inheritance claims from different jurisdictions
- Co-ownership disputes over real estate located in Turkey
In these cases, litigation often focuses on the validity of wills, the application of foreign law to movable assets, and the Turkish court's authority over real estate located domestically. A common problem is the improper exclusion of a foreign spouse from the estate, despite their legal entitlement under both Turkish law and international conventions.
To understand co-ownership and litigation risks, read: real estate litigation strategies in Turkish inheritance disputes
Forced Heirship and Reduction Claims (Tenkis Davası)
One of the most critical areas of inheritance law in Turkey is the concept of forced heirship (saklı pay). Turkish law guarantees a minimum share of the estate to certain legal heirs—regardless of the contents of a will. These include:
- Spouse
- Children (biological or adopted)
- Parents (if no spouse or child exists)
If a will or gift violates the mandatory shares of these heirs, a reduction lawsuit (tenkis davası) can be filed to annul or reduce the excess allocation. Foreign heirs often face conflict when a Turkish testator attempts to bypass them by leaving assets to other family members or unrelated persons.
We represent foreign clients in tenkis proceedings, ensuring that their share is protected under succession law in Turkey. Our firm has successfully reversed fraudulent transfers and gifts granted shortly before death through probate litigation in Turkish courts.
Partition of Property and Shared Ownership Conflicts
Another major source of inheritance disputes between Turkish and foreign heirs is the shared ownership of real estate. When multiple heirs inherit a single property, Turkish law places them in a co-ownership regime (elbirliği mülkiyeti). In this form of ownership, no individual heir can sell or alter the property without full consensus.
If agreement cannot be reached, one or more heirs can file for a partition lawsuit (izale-i şuyu davası) to force the sale or division of the property. These cases are especially complex when one of the heirs resides abroad, cannot attend hearings, or lacks familiarity with Turkish legal processes. Our team provides full representation in partition litigation and coordinates valuation, auction procedures, and sale distribution.
More on this: verifying and defending title deeds in inheritance cases
Evidence, Documents and Legal Proof in Inheritance Litigation
Foreigners involved in inheritance lawsuits in Turkey must navigate complex evidentiary rules. Turkish courts require original or notarized documents, and frequently demand:
- International wills, apostilled and translated
- Birth and marriage certificates for heirship claims
- Foreign probate rulings or estate settlement certificates
- Title deed records and bank statements in Turkey
Improper translation, missing legalization (apostille), or lack of correspondence between foreign and Turkish records can lead to dismissal. We prepare all required evidence and collaborate with foreign notaries and embassies to obtain valid documents that are admissible under Turkish inheritance law.
For a related article: Turkish citizenship claims through descent and heirship
Precedents from the Turkish Court of Cassation
The Turkish Court of Cassation (Yargıtay) has established critical case law regarding inheritance rights of foreign heirs. In several landmark rulings, the court has affirmed that:
- Foreign heirs are entitled to the same statutory shares as Turkish citizens
- Turkish courts have exclusive jurisdiction over immovable property located in Turkey
- Improper exclusion of legal heirs through will or donation can be reversed via tenkis lawsuits
- Foreign probate decisions are subject to recognition procedures under Law No. 5718
These decisions serve as powerful legal tools in representing foreign heirs in inheritance disputes in Turkey. Our litigation team builds arguments based on Yargıtay jurisprudence to ensure foreign beneficiaries receive their rightful share—even in the face of hostility or concealment by local heirs.
Also read: inheritance tax planning and investment structures in Turkish estates
Frequently Asked Questions (FAQs)
- Can a foreign heir claim inheritance in Turkey? Yes. Turkish law fully recognizes foreign heirs under both domestic and international law.
- What if a Turkish heir refuses to share the property? Partition (izale-i şuyu) lawsuits may be filed to force division or sale through court.
- Can a will made abroad override Turkish forced heirship? No. Turkish courts prioritize mandatory heir shares regardless of foreign wills.
- Do I need to be in Turkey to file an inheritance lawsuit? No. A power of attorney to a Turkish inheritance lawyer is sufficient.
- What documents are needed? Apostilled death certificates, birth/marriage records, foreign wills, title deeds, and inheritance certificates.
- Can I challenge an inheritance certificate? Yes. Probate litigation may be initiated if false or incomplete information was used.
- How long does an inheritance lawsuit take in Turkey? On average 3 to 12 months, depending on the complexity and cooperation of heirs.
Resolve International Inheritance Conflicts with Expert Legal Support
Inheritance disputes between foreign and Turkish heirs are legally complex and emotionally charged. From co-ownership conflicts to forced heirship claims, foreign beneficiaries often face procedural disadvantages and cultural barriers in protecting their rights in Turkish courts.
At ER&GUN&ER Law Firm, our experienced inheritance lawyers in Turkey provide comprehensive support for foreign heirs involved in probate litigation, title disputes, will validation, and succession strategy. As a trusted Turkish Law Firm with multilingual capabilities, we bridge legal systems and ensure clarity, compliance, and court protection for our international clients.