Turkish Estates Lawyer: Cross-Border Inheritance and Estates in Turkey and the UK

Oct 16, 2023

7 min read

Updated: Oct 10

If you own assets in both countries, a Turkish estates lawyer can help you plan and, later, administer your estate. Cross-border wills and estates are complex, and the applicable law depends on your own circumstances. This guide is general information. It assumes you are domiciled in England and Wales and hold assets in both England and Turkey. It explains the main issues, so you know what to ask before you take advice.

The necessity of a Turkish will

A will sets out what you want to happen to your possessions after you die. It is a legally binding document. It names the people you want to inherit and the share each person receives.

Most people should make a will. It helps your estate pass as you wish. It also avoids the intestacy rules, which apply when there is no valid will and which may not match your wishes.

If you own real estate or other assets in Turkey, a will that deals only with your English assets may not be enough. Ask a Turkish estates lawyer whether you need a separate Turkish will.

Conflicting legal systems

The laws on wills and inheritance in Turkey are very different from those in England and Wales. If you hold assets in both countries, you must weigh these differences when you prepare a will. That applies whether you sign it in Turkey or in England.

For people with Turkish assets, a separate Turkish will is usually recommended. A specialist lawyer can look at your family, your assets and your nationality. They can then advise on the best course of action.

The benefits of dual wills

Some people make two wills: one for the English assets and one for the Turkish assets. Each will deals with the assets in its own country. This can make the inheritance process smoother and reduce delay.

Used well, dual wills can make the administration of your estate easier after your death. They may also reduce cost and complexity.

The wills must not conflict. Each must be drafted so that it works with the other. A poorly drafted second will can accidentally cancel the first, so both should be prepared together by lawyers who know both systems.

Inheriting Turkish assets and forced heirship

Under English law, a person has "testamentary freedom". You can choose who inherits and in what shares, as long as a valid will says so. Turkey is different. It uses a system of forced heirship. Certain relatives must receive a protected share of the estate, and a will cannot override this.

The protected relatives usually include children and, in some cases, a surviving spouse and parents. The exact shares depend on who survives the deceased. The Turkish Civil Code (Law No. 4721) sets these rules, so ask a lawyer to apply them to your family.

Turkish private international law (Law No. 5718) deals with which country's law applies to an estate. In general, a foreign national's estate may be governed by the law of their nationality, which can give an English national more freedom to follow an English will. However, property in Turkey can be treated differently. A lawyer should check how the rules apply to your assets.

Other circumstances can lead to Turkish inheritance law applying. One example is being married to a Turkish citizen and living in Turkey. Another is holding Turkish citizenship yourself. Each case turns on its own facts.

Property in Turkey and the title deed

Many English families hold property in Turkey. In Turkey, ownership is recorded on a title deed (the tapu) at the land registry. When an owner dies, the heirs normally have to prove their right to inherit and then register the change with the land registry office.

To do this, the heirs usually need a certificate of inheritance. A Turkish court or a notary issues it, depending on the case. The certificate lists the heirs and their shares. Without it, the land registry will not usually transfer an inherited property.

Heirs who are foreign nationals can generally inherit Turkish immovable property. Some limits and checks can apply, for example in certain military or security zones. Ask your lawyer to confirm the position for your property before you plan a sale or transfer.

Potential inheritance taxation

Whether you pay inheritance tax depends on several factors. As a general principle, if you are domiciled in the UK when you die, your estate is subject to UK inheritance tax (IHT). IHT is charged at 40 percent on the value of your worldwide estate above the tax-free allowance, currently £325,000. Domicile is a complex question, and you should take expert advice on it. You can read the official rules on GOV.UK inheritance tax.

Your worldwide estate includes your English and Turkish assets, any assets in other countries and some gifts made before your death. Exemptions and reliefs may reduce the bill. For example, married couples and registered civil partners can pass assets to each other without IHT, which can in effect double the tax-free allowance for the second spouse.

Turkey has its own inheritance and gift tax. Heirs file a return with the local tax office within four to eight months after the death, depending on where the deceased and the beneficiaries live. Planning early can reduce the tax burden and make sure your beneficiaries receive as much as possible. Our guide to UK inheritance tax and probate for non-UK domiciled citizens explains the domicile issue in more detail.

Administering a Turkish estate

In English law, the personal representative handles the estate. If a will names them, they are the executor. If the law appoints them, they are the administrator. They manage the assets, pay debts, funeral costs and tax, and account to the beneficiaries.

A Turkish will can also name an executor to deal with the Turkish estate. The choice of executor can affect tax and cost. If there is no will, or no executor, the beneficiaries are responsible for administering the estate themselves.

Turkish estates lawyer: when you need one

English executors and solicitors who deal with an estate containing Turkish assets should take independent advice from a Turkish estates lawyer. A lawyer in Turkey can guide you through the process and help make sure the estate is administered efficiently and in the best interests of the beneficiaries.

In Turkey, you can also appoint a lawyer by power of attorney. The lawyer can then deal with the estate formalities and sign the required documents for you. This is useful if you live in the UK and cannot travel.

A good lawyer will usually help with these tasks:

Reviewing existing English and Turkish wills for conflicts.
Explaining forced heirship and what it means for your family.
Obtaining the certificate of inheritance and registering heirs.
Dealing with the land registry and the transfer of a title deed.
Advising on Turkish inheritance and gift tax filings.
Coordinating with your English solicitor on probate and IHT.

Steps in administering a Turkish estate

Anyone who holds or finds a Turkish will must submit it to the relevant family court in Turkey so the court can validate it. Title to the estate passes to the beneficiaries jointly on the death, and a local judge protects the estate's interests.

The steps often follow this order:

Locate any will and submit it to the court.
Obtain a certificate of inheritance that names the heirs and their shares.
List the assets, such as bank accounts, vehicles and real estate.
File the inheritance tax return within the time limit.
Register the heirs at the land registry and complete any property transfer.
Divide the assets between the heirs, or sell and share the proceeds.

Disagreements between heirs can slow this down. Where heirs dispute shares or the validity of a will, inheritance disputes can end up in court. Early advice often helps to avoid that.

Time frame for estate administration

The time needed to finish a Turkish estate varies. It is not unusual for the process to take anywhere from 12 months to several years, especially when assets sit in more than one country. Delays often come from missing documents, heirs who live abroad, or disputes.

You can speed things up. Keep the original will and key documents safe. Tell your executor and family where they are. Keep a list of your assets in both countries. Make sure your family knows how to reach your lawyer.

Estate planning tips for families with assets in both countries

Make a will in each country and check that the wills work together.
Review your wills after any major event, such as marriage, divorce, a new property or a move.
Keep a clear record of your Turkish bank accounts, property and tax numbers.
Think about who you want as executor and whether they can act from abroad.
Take legal advice on IHT before you give away or sell large assets.

For more on the Turkish rules, see our guides to Turkish inheritance law, whether a UK will is valid in Turkey and foreigners' inheritance rights in Turkey.

Conclusion

Cross-border inheritance needs careful planning. A Turkish estates lawyer can explain forced heirship, advise on your wills and guide your family through the court, the land registry and the tax office. If you hold assets in Turkey and the UK, take legal advice now, while you can make clear choices, rather than leaving a difficult process for your family.