Beneficiaries Under Turkish Law: Who Inherits in Turkey

Feb 7, 2024

6 min read

Updated: 5 days ago

Understanding inheritance law matters if you have family or property in Turkey. This guide explains the beneficiaries under Turkish law in plain terms. It covers who can inherit, how to make a will and how to protect your rights. For advice on your own case, speak to a Turkish lawyer.

Overview of Turkish inheritance law

Inheritance in Turkey is governed by the Turkish Civil Code (Türk Medeni Kanunu). This law sets the rules for who gets what when someone dies. It combines two ideas. The first is forced heirship, which means certain family members must receive part of the estate. The second is testamentary freedom, which is the right to decide who inherits through a will.

Key principles

Universal succession: all the assets of the deceased pass to the heirs.
Protection of statutory heirs: certain family members are guaranteed a share.
Equal treatment of heirs: heirs in the same category receive equal shares.
Reserved portion rights: specific shares are kept for close family members.

Who are the beneficiaries under Turkish law?

Turkish law divides heirs into classes. Each class inherits only if there are no heirs in the class before it. Here is how the classes work.

First degree beneficiaries

Children and their descendants: sons and daughters, including adopted children.
Surviving spouse: the husband or wife of the deceased.
Equal distribution: all children receive the same amount.
Reserved portion: each child is guaranteed half of the share they would inherit without a will.

Second degree beneficiaries

Parents and their descendants: if there are no children, the parents inherit. If a parent has died, that parent's children (the deceased's brothers and sisters) take their place.
Reserved portion: each parent is guaranteed a quarter of the share they would inherit without a will. Brothers and sisters have no reserved portion.

Third degree beneficiaries

Grandparents and their descendants: if there are no children or parents, the grandparents inherit.
Reserved portion: none. Grandparents and their descendants can be left out by a will.

These figures give a general picture. Real cases can be more complex, so ask a lawyer to check how the rules apply to your family.

The spouse's special rights

The surviving spouse has special rights under Turkish inheritance law:

With first degree heirs: the spouse gets one quarter of the inheritance.
With second degree heirs: the spouse gets one half.
With third degree heirs: the spouse gets three quarters.
No other heirs: the spouse inherits everything.
Reserved portion: if the spouse inherits alongside children or parents, their whole legal share is protected. In other cases, three quarters of it is protected.

Making a will in Turkey

You can make a will to decide how your property is shared after you die. But Turkish law still requires certain family members to receive part of the estate, even if you write a will. That is why the reserved portions above matter so much.

Types of will

Handwritten will (El Yazılı Vasiyet): written entirely by hand.
Official will (Resmi Vasiyet): made in front of a notary public.
Oral will (Sözlü Vasiyet): spoken in special situations. This is rare.

Disinheritance

You can choose not to leave part of your estate to certain family members. This is possible only under specific conditions:

Serious crimes: someone commits a serious crime against you.
Family obligations: someone seriously breaks their family duties.
Stated clearly: the disinheritance must be clearly written in the will.
Legal grounds: you need a valid reason.

Beneficiaries under Turkish law in international cases

If you own property or have family in other countries, Turkish inheritance law may still apply. Several points matter:

Immovable property: Turkish law applies to land and buildings in Turkey.
Reciprocity: Turkey may follow the laws of other countries if they treat Turkish citizens in the same way.
International treaties: agreements between countries can affect inheritance rights.
Dual citizenship: if you hold two nationalities, the laws of both countries may be relevant.

Assets located in Turkey, such as a house or flat, are the usual concern for foreign families. If you own an estate in Turkey, plan it with advice from both countries. Our guide to Turkish inheritance law for UK families explains the cross-border position.

How to file an inheritance claim

To claim your inheritance in Turkey, you will normally follow these steps:

Find the will. Locate it to see the wishes of the deceased.
Apply for probate. Submit the will to the court. If there is no will, apply for the heirs to be confirmed.
Pay any inheritance tax. Work out what is due and pay it.
Share the estate. The court oversees the distribution of the estate.
Transfer property. Move any property into the names of the heirs.

Tax on inheritance

When you inherit in Turkey, you may have to pay inheritance tax. In general:

Progressive rates: tax increases with the value of the inheritance.
Exemptions: close family members usually pay less.
Foreign assets: special rules apply if the estate includes property in other countries.
Declarations: you must declare the inheritance to the tax authorities.

Rates and allowances change over time. Check the current position with a Turkish tax adviser. If you live in the UK, also look at the GOV.UK guide to inheritance tax.

Protecting your rights as a beneficiary

If you think you are an heir, take steps to protect your position:

Register your claim quickly. File as soon as possible.
Get official heir certificates. These prove that you are an heir.
Hire a lawyer. A lawyer can guide you through the legal process.
Watch the estate administration. Keep an eye on how the estate is managed.
Assert your reserved portion. Make sure your protected share is not ignored.

Inheritance disputes and the Turkish courts

Inheritance disputes are heard by the Turkish courts. Within the Turkish legal system, two courts deal with most estate matters. The Civil Court of Peace (Sulh Hukuk Mahkemesi) issues certificates of inheritance and opens wills. It also hears claims to end shared ownership between heirs. Claims to protect a reserved share, such as a reduction claim, go to the Civil Court of First Instance (Asliye Hukuk Mahkemesi).

Court proceedings can take time, and strict time limits apply to some claims. You may live abroad and have an interest in assets in Turkey from a deceased person's estate. A lawyer can usually act for you under a power of attorney. Agreement between the heirs is almost always quicker and cheaper than a court case.

Inheritance in Turkey follows set rules so that close family members receive their shares. Whether you are planning your own estate or dealing with someone else's, knowing these rules helps. When you understand who inherits, how a will works and how to protect your rights, you can manage the process with more confidence.

Frequently asked questions

1. Do I need a will in Turkey? No. But a will helps ensure your assets are shared as you wish within Turkish law.

2. Can I leave everything to one person in my will? No. Turkish law requires certain family members to receive a share of the estate.

3. How much inheritance tax do I pay in Turkey? It depends on your relationship with the deceased. Close family members usually pay less.

4. What happens if someone dies without a will in Turkey? The inheritance rules decide how the estate is shared among the heirs.

5. Can Turkish inheritance law affect my property in another country? Yes. You may need to follow the inheritance laws of both Turkey and the other country.