Under Turkish inheritance law, individuals may determine how their estate will be distributed after death through a validly executed will. However, the law also protects statutory heirs—such as children and spouses—through reserved shares (saklı pay), and allows them to challenge wills that violate their rights. Whether you’re preparing a will or seeking to invalidate one, legal knowledge and proper procedure are essential.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers assist both Turkish citizens and foreign nationals with drafting, validating, and challenging wills in Turkey. As the best lawyer firm in Turkey for inheritance matters, we guide clients through notary processes, probate filings, testamentary capacity analysis, and full litigation support in cases of suspected forgery or circumvention of inheritance law.
Legal Types of Wills Recognized in Turkey
The Turkish Civil Code (Türk Medeni Kanunu – TMK) recognizes three types of wills:
- Official (Notarial) Will: Drafted by a notary in the presence of two witnesses
- Holographic Will: Fully handwritten, signed, and dated by the testator
- Oral Will: Allowed only in exceptional cases of imminent death, to be validated in court shortly thereafter
Our Turkish Law Firm prepares bilingual wills that meet all formal conditions under TMK 531–538 and are resistant to future legal challenges based on invalidity or formal error.
Mandatory Formalities for a Valid Will in Turkey
Each type of will must fulfill strict legal requirements to be valid. Common pitfalls that can lead to a will’s nullification include:
- Missing signature or date
- Unwitnessed notarial will
- Handwritten will written on a computer or dictated
- Use of unclear or ambiguous beneficiary clauses
We prevent such issues by guiding clients through notarization, verifying legal capacity, and obtaining medical clearance for elderly testators to reduce risk of future inheritance disputes.
Who Can Make a Will in Turkey?
Under Turkish law, any individual aged 15 or older and of sound mind may draft a will. However:
- Mental competence must exist at the time of signing
- Persons under guardianship must obtain court approval
- Foreigners can create wills concerning assets in Turkey
We assist with capacity evaluations and legal statements to affirm that the testator had the ability to form intent at the time of execution, which is crucial in will contest cases.
Reserved Shares (Saklı Pay) and Forced Heirship Rules
Turkish law protects close family members from disinheritance. These “forced heirs” include:
- Children – minimum 50% reserved share
- Spouse – varies depending on surviving relatives
- Parents – if no children exist
A will that violates reserved shares can be partially or fully invalidated. We advise clients on how to draft wills that respect forced heirship, or how to challenge wills that intentionally circumvent these provisions.
Contesting and Invalidating a Will in Turkey
A will in Turkey may be contested in the following situations:
- Lack of legal capacity: The testator was mentally incompetent at the time of execution
- Violation of formal requirements: Missing signature, date, or legal format
- Infringement of reserved shares: Saklı pay heirs were disinherited
- Fraud, coercion, or undue influence: Will was made under manipulation or deceit
- Muvazaa (hidden intent): Will was written to disguise another legal act (e.g., property transfer)
Our English Speaking Turkish Lawyers initiate will invalidation lawsuits in Turkish civil courts, submit forensic evidence, request medical records, and obtain handwriting expert opinions to prove forgery or incapacity.
Procedure for Filing a Will Dispute in Turkey
The process begins with a lawsuit filed before the Civil Court of First Instance in the district where the deceased was domiciled. Key steps include:
- Submitting the original or certified copy of the will
- Stating grounds for challenge under TMK Article 557 and following
- Providing evidence (witnesses, documents, medical records)
- Requesting preservation of estate assets until case is resolved
We manage all procedural aspects including probate registration, court notifications to heirs, and interim injunctions to freeze disputed property or bank accounts.
Wills by Foreigners in Turkey
Foreigners can execute valid wills in Turkey, but must comply with Turkish law if the will affects property located in Turkey. Key considerations:
- Turkish notaries require local ID or passport, tax number
- Language requirement: Turkish is mandatory for official registration
- Apostilled foreign wills must be translated and validated for enforcement
- Inheritance tax may apply depending on nationality and residency
Our Turkish Law Firm assists foreign nationals in preparing bilingual wills, handling cross-border estate planning, and enforcing foreign probate judgments in Turkey through recognition (tanıma) and enforcement (tenfiz) actions.
Internal Legal Resources
- Inheritance Law for Foreigners in Turkey
- Estate Planning and Asset Protection
- Power of Attorney for Inheritance
- Probate and Executor Duties in Turkey
- Civil Court Proceedings in Turkey
FAQ: Testamentary Rights and Will Disputes in Turkey
- Q1: Can I exclude my children from my will?
No. Turkish law grants children a minimum reserved share which cannot be overridden by will. - Q2: Do I need a notary to make a will in Turkey?
No, but it is strongly recommended. Holographic wills are valid if fully handwritten and signed. - Q3: Can I write my will in English?
Yes, but a certified Turkish translation is required for legal enforceability in Turkey. - Q4: Can a will be revoked?
Yes, by writing a new will or by formal revocation before a notary. - Q5: What if there are multiple wills?
The latest valid will prevails unless revoked or declared invalid by court. - Q6: Can I give my entire estate to my spouse?
No, not if you have children or parents entitled to reserved shares. - Q7: How long does a will challenge take?
Typically 1–2 years depending on complexity and appeal process. - Q8: What is the inheritance tax rate?
Between 1–10% depending on degree of kinship and value of estate. - Q9: Can I include my foreign property in a Turkish will?
Yes, but you should consult local counsel in each country for enforcement rules. - Q10: How can a Turkish Law Firm help?
We draft compliant wills, challenge or defend disputed wills, and manage inheritance litigation across Turkey.
Secure Your Estate Planning and Inheritance Rights in Turkey
Preparing a will in Turkey offers clarity, dignity, and control over your legacy. Challenging a will requires legal experience, procedural accuracy, and factual strength. Whether you're leaving assets or defending your rightful share, inheritance law in Turkey is too complex to navigate without professional assistance.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers protect your testamentary rights with precision and foresight. As the best lawyer firm in Turkey for inheritance law and cross-border succession, we help you structure, defend, and enforce your last wishes—legally and effectively.