Turkish Probate and Inheritance Law Expert

Expert Evidence on Turkish Succession Law

 

When someone dies with a link to Turkey, English probate practitioners and courts often need to know what Turkish inheritance law says. Canko Law Firm provides expert reports and witness statements of Turkish law for the Probate Registry, the High Court and the County Court. We explain who inherits, whether a will is valid, and how Turkish property passes, in plain English.

 

Read our guide: Inheritance in Turkey for UK families: Turkish succession law explained.

 

Email info@canko.co.uk with the details of the estate for a written estimate.

 

When do you need evidence of Turkish inheritance law?

• The deceased was a Turkish national, or was domiciled in Turkey.

• The estate includes a house, flat or land in Turkey.

• There are bank accounts, shares or businesses in Turkey.

• The deceased made a Turkish will, or an English will that deals with Turkish assets.

• Some heirs live in Turkey, or a Turkish certificate of inheritance (mirasçılık belgesi) has been issued.

• A family member says they have a reserved share (saklı pay) under Turkish law.

 

Evidence of foreign law for the Probate Registry

If the deceased died domiciled outside England and Wales, the Probate Registry may need evidence of who is entitled to deal with the estate under the law of the domicile. Rule 19 of the Non Contentious Probate Rules 1987 allows the registrar to accept a witness statement or affidavit on foreign law from a suitably qualified person. We prepare these statements for UK solicitors and executors.

 

 

 

 

 

 

 

 

 

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Expert reports for contested cases

In contested probate and inheritance disputes, we prepare full expert reports under CPR Part 35, as a party expert or as a Single Joint Expert. Typical questions include:

 

• Who are the legal heirs under the Turkish Civil Code, and what are their shares?

• What reserved shares do children, parents or a spouse have?

• Is a will made in Turkey or England valid in form and in substance?

• Does Turkish law apply to property in Turkey even if the deceased was British?

• What is the effect of a Turkish certificate of inheritance or court judgment?

• Can an heir refuse the inheritance, and what are the time limits?

 

What Turkish law issues do we cover?

 

Statutory heirs and shares

We explain the order of heirs under Articles 495 to 501 of the Turkish Civil Code, the share of a surviving spouse, and how shares are divided between children, grandchildren, parents and other relatives.

 

Reserved shares and wills

Turkish law protects close family through reserved shares. We explain how much a person can leave freely by will, and how an heir can challenge a will that breaches reserved shares (tenkis davası).

 

Conflict of laws

Under Article 20 of the Turkish Law on International Private and Procedural Law (Law No. 5718), succession is governed by the national law of the deceased, but Turkish law always applies to immovable property in Turkey. We explain how this fits with English conflict of laws rules.

 

Turkish procedure and tax

We explain how a certificate of inheritance is obtained, how title to land is transferred at the Land Registry (Tapu), but we do not provide tax advice in Turkey.

 

Who are our experts?

• Can Canko: Solicitor in England and Wales (2023), Attorney at Law in Turkey (2011), Official Mediator in Turkey (2020).

• Pınar Canko: Attorney at Law in Turkey (2010), Foreign Qualified Lawyer regulated by the Solicitors Regulation Authority (2023).

 

Cross border inheritance between the UK and Turkey is one of our core areas. If you also need practical help with the estate itself, see our cross border probate and estates service.

 

Fees and turnaround

• Expert report, Rule 19 witness statement, written questions, attending court: £200 per hour

 

We aim to send the draft report within 14 days of receiving the fee and all the documents.

 

How to instruct us

1. Email a short summary of the estate, the family tree, any wills and any Turkish documents to info@canko.co.uk.

2. We confirm the questions and send our terms and a written estimate.

3. We prepare the report or witness statement once the fee is paid.

4. We deal with any follow up questions from the registry, the parties or the court.

 

Frequently asked questions

 

Does Turkish law apply to a British person's property in Turkey?

Yes. Turkish law governs succession to land and buildings in Turkey, whatever the nationality of the owner. English conflict of laws rules also look to the law of the place where land is situated.

 

Is an English will valid in Turkey?

An English will can be valid in form in Turkey, as both countries are parties to the 1961 Hague Convention on the form of wills. But its contents must still respect Turkish reserved shares when it deals with property in Turkey.

 

Who inherits in Turkey if there is no will?

The children inherit first, sharing equally. A surviving spouse also inherits. With children, the spouse takes one quarter of the estate. If there are no children, parents and their descendants inherit alongside the spouse.

 

How long does an heir have to refuse an inheritance in Turkey?

Normally three months. Time usually runs from when the heir learned of the death and that they are an heir.

 

Do you give tax advice?

No tax advice.