Is a UK Will Valid in Turkey?
Updated: 4 days ago
If someone dies leaving property in Turkey, Turkish inheritance law decides how it is shared. This applies to land and houses. It also applies to bank accounts and vehicles. The rules come from the Turkish Civil Code. A knowledgeable lawyer in Turkey can explain how they apply to you.
Many expats ask the same thing: is a UK will valid in Turkey? The answer depends on the will and on the estate. Turkey generally recognises foreign wills, but certain conditions must be met. A UK will needs to meet Turkish formalities before a Turkish court will act on it, especially for Turkish property.
This matters for any expat who has bought property in Turkey. Even with a UK will, Turkish law keeps shares of the estate for some heirs, such as a spouse. A will cannot override those shares. This can affect both real estate and movable assets.
Tax is another point to check. How inheritance tax applies depends on the deceased's national law and on Turkish law. A Turkish lawyer can explain how buying property in Turkey, the inheritance process and the two legal systems fit together.
Wills in the UK and Turkey
What is a will?
A will is a legal document. It sets out how your assets and estate should be shared after your death. It records your wishes and can help prevent disputes among your heirs.
UK will basics
In England and Wales, a will must meet certain rules to be valid. You can read the official summary on GOV.UK: make a will. In short:
Age: you must be at least 18.
Mental capacity: you must understand what making a will means.
Free choice: nobody can pressure you into it.
In writing: it should be signed by you and witnessed by two independent witnesses.
Turkish will basics
Turkey has its own inheritance rules. They are found mainly in the Turkish Civil Code. The key points are:
Forced heirship: a share of the estate must go to certain heirs, such as children and spouses.
Formal requirements: wills are usually notarised and registered with the local authorities.
Language: the will should be in Turkish, or come with a certified translation.
Is a UK will recognised in Turkey?
Recognition of foreign wills
Turkey generally recognises foreign wills, including those made in the UK, if certain conditions are met. To make a UK will enforceable in Turkey, you need to satisfy both UK and Turkish legal requirements.
Key points to remember
Follow Turkish law. Your will must respect Turkish rules, especially on forced heirship, for any estate in Turkey.
Translate it. If the will is not in Turkish, you need a certified translation.
Use a notary. To be enforceable, the will should be notarised and registered with the Turkish authorities. A notary public in Turkey can confirm the exact steps.
What Turkish law says about foreign wills
Immovable property located in Turkey
Turkey's conflict of laws rules are in Law No. 5718 on International Private and Procedural Law. As a general rule, succession follows the national law of the deceased person. Immovable property located in Turkey is the exception. It is subject to Turkish law, whatever the owner's nationality. So for a British owner, the house in Turkey follows Turkish rules, while other assets may be treated differently.
The form of the will
Turkish law looks at the form of a will separately from what it says. On form, a will made abroad can be valid if it follows the rules of the country where it was signed. A UK will signed before two witnesses may therefore pass this test. The Turkish court decides this in each case, so have the will checked.
How Turkish wills are made
Turkish law itself offers three forms of will. An official will is made before a notary or other official, with two witnesses. A handwritten will must be written, dated and signed entirely in the testator's own hand. An oral will is allowed only in an emergency, before two witnesses.
Reserved shares for close relatives
Turkish law protects certain close relatives with reserved shares. For children and other descendants, the reserved share is half of what they would inherit without a will. A surviving spouse also has a reserved share, and so do parents in some cases. Brothers and sisters no longer have one. If a will cuts into these shares, the relatives can ask a court to reduce the gifts. Strict time limits apply to that claim.
What happens after the death
After the death, a Turkish court opens the will and notifies the heirs. A UK will first needs a certified Turkish translation. The heirs then use the court's papers and the certificate of inheritance to deal with the deceased person's property in Turkey.
Steps to make your UK will work in Turkey
1. Draft a compliant UK will
Make sure the will meets all UK requirements. It should:
state clearly who receives which asset
name an executor to manage the estate
include a residuary clause for anything left over
2. Get a certified translation
Have the will translated into Turkish by a certified translator. This step is crucial if you want Turkish courts to recognise it.
3. Notarise the will
Have the translated will notarised in Turkey. Notarisation confirms that the document is genuine. It also confirms what you intended.
4. Register the will in Turkey
Submit the notarised, translated will to the relevant office in Turkey. Registration helps the will to be officially recognised and carried out as you wished.
5. Take legal advice
Speak to a lawyer who knows international inheritance law. They can check that your will works under both UK and Turkish law.
Common problems and how to solve them
Forced heirship rules
Turkish forced heirship rules reserve part of the estate for certain heirs. This may differ from what your UK will says. To deal with it:
Adjust your will. Change your UK will so it fits Turkish inheritance rules.
Ask a lawyer. A lawyer can help you balance your wishes with your legal duties in Turkey.
Two legal systems
Owning assets in both the UK and Turkey can get complicated. To keep it simple:
Use separate wills. One for each country, each written for local law.
Plan the estate as a whole. An international estate planner can make sure the two wills work together.
Why a valid will matters in both countries
Peace of mind
Knowing your will is recognised in both countries gives you peace of mind. Your assets are more likely to go where you want.
Fewer disputes
A properly made will lowers the risk of arguments between heirs. The process is usually smoother as a result.
Easier estate management
A will that is valid in both places makes it easier to manage and pass on assets. This saves your family time and money.
A valid UK will in Turkey takes careful planning. You need to meet the rules of both countries. Get a certified translation, use a notary and take legal advice. Then your family will have clear instructions. This is true whether you own assets in Turkey or have relatives who live there.
Frequently asked questions
1. Do I need a separate will for my assets in Turkey? It is not required. But a separate will for Turkish assets can make inheritance simpler and help you follow local law.
2. Can a Turkish court refuse to recognise my UK will? Yes. A court can refuse if the will does not meet Turkish rules. Examples are forced heirship, proper notarisation and translation.
3. How long does it take to register a UK will in Turkey? It varies. It often takes several weeks to a few months. The time depends on how complex the case is and how complete your papers are.
4. Do I have to hire a lawyer in Turkey to register the will? No, but a lawyer can guide you through the rules. They can help make sure the will is registered and recognised.
5. What if my UK will conflicts with Turkish inheritance law? Turkish courts apply local inheritance law first. It may override terms in your UK will, especially on forced heirship.
