A will in Turkey for foreigners is a written document that decides who inherits your Turkish assets, and Turkish law will honour it as long as it follows one of the recognised forms and respects the reserved shares that close family are owed. You can make a will in Turkey for foreigners before a Turkish notary or a peace court, or write one entirely by hand, and a valid foreign will can also be used here once a Turkish court recognises it. The catch is that real estate located in Turkey is governed by Turkish inheritance law, whatever your nationality. This guide explains how to write a will a Turkish court will uphold.
Getting the form right is only half of it. Turkish inheritance law reserves fixed portions of your estate for your children, your spouse and sometimes your parents, and you cannot simply write them out. Understand those limits first, choose the will type that fits your situation, and the document itself is straightforward. Below we cover the law that applies, the will types, the reserved shares, the steps, and the mistakes that most often send a will back to court.
How Turkish Law Treats a Will in Turkey for Foreigners
Turkish law lets a foreigner make a will, and it will be honoured as long as the form is valid and the reserved shares of close family are respected. A will in Turkey for foreigners is governed mainly by the Turkish Civil Code, which sets out who may inherit, how much of your estate you can give away freely, and the exact ways a will can be signed. When your property sits in Turkey, the Civil Code treats you much like a Turkish testator.
Your freedom to distribute is limited. That surprises many people. Turkish inheritance law for foreigners protects a group of statutory heirs by giving them a reserved portion, known as the saklı pay, that a will cannot override. You keep control of the rest, the disposable portion, and may leave it to anyone you choose. Working out where that line falls is the real task in writing a will here.
Which Law Applies to Your Estate in Turkey
Turkish law applies to any real estate you own in Turkey, while your movable assets are usually governed by the law of your own nationality. This split comes from the Turkish Act on Private International Law and Procedure (Law No. 5718), and it decides more than people expect. A holiday flat in Antalya falls under Turkish inheritance rules no matter where you hold citizenship, so the reserved shares apply to it.
Movable property is treated differently. For bank balances, vehicles and personal belongings, Turkish courts generally look to the national law of the deceased. That means two sets of rules can touch one estate at once: Turkish law for the Turkish real estate, and your home country’s law for the movable assets. The point is easy to miss. This is why Turkish inheritance law for foreigners can feel more involved than a purely domestic estate, and why a will drafted with both systems in mind saves your heirs a great deal of trouble.
Types of Will in Turkey Recognised by Law
Turkish law recognises three types of will in Turkey: the official will, the holographic will, and the oral will. Each has its own formalities, and a will that misses them can be challenged and set aside. Choosing among the types of will in Turkey depends on how much certainty you want and whether you can attend a notary or court.
Official Will (Resmi Vasiyetname)
An official will is drawn up before an authorised official, usually a notary (noter) or a peace civil court judge, with two witnesses present. The official records your wishes, you confirm the document, and it is registered. This is the most secure form. Because the official checks your capacity and the signing is witnessed, the will is hard to attack later, which is why we usually suggest it for foreigners.
Holographic Will (El Yazılı Vasiyetname)
A holographic will is written entirely in your own hand, carrying the full date and your signature. No witnesses are needed and you can prepare it privately, but small errors are common. A typed will, a missing date, or a document that is signed yet not handwritten throughout will usually fail. You can deposit a holographic will with a notary for safekeeping, which many people do.
Oral Will (Sözlü Vasiyetname)
An oral will is an emergency measure, allowed only when illness, an accident or similar extraordinary circumstances stop you from using the other forms. You declare your wishes to two witnesses, who then record them for the court. It is rare. It is also not a substitute for planning ahead, so if you have time to make an official or holographic will, use one of those.
Reserved Shares: What You Cannot Freely Give Away
Turkish inheritance law reserves fixed portions of your estate for certain close relatives, and no will can take those portions away. These reserved shares (saklı pay) belong to your descendants, your surviving spouse, and in some cases your parents. Whatever you write, these heirs can go to court to claim their statutory minimum if a will ignores them. Only the remaining disposable portion is yours to give freely.
The share reserved for each heir depends on who survives you. As a general guide, and as of the time this article is written:
- Children are reserved half of their statutory inheritance share, divided equally among them.
- The surviving spouse is reserved their full statutory share when inheriting alongside your children or your parents, and three quarters of it in other cases.
- Each surviving parent is reserved one quarter of their statutory share when they inherit.
Because these fractions interact, the disposable portion you can leave to a partner, a friend or a charity is often smaller than expected. A lawyer can calculate the exact reserved and disposable shares for your family before you sign. Ignoring them is the single most common reason a will in Turkey for foreigners is later reduced by a court.
How to Write a Will in Turkey, Step by Step
To write a will in Turkey, you decide who inherits, respect the reserved shares, and record your wishes in one of the recognised forms. Knowing how to write a will in Turkey is mostly about preparation, because the signing itself is quick once the content is settled. The steps below follow the usual order for a foreigner.
- List your assets in Turkey, separating real estate from movable property, since Turkish law governs the real estate directly.
- Identify your statutory heirs and work out their reserved shares, so you know the disposable portion you can allocate freely.
- Decide who receives the disposable portion and note any specific gifts, such as a named property or a sum of money.
- Choose the will type. For most foreigners, an official will before a notary offers the most certainty.
- Arrange a sworn translator if you do not speak Turkish, because the official must be satisfied that you understand the text.
- Sign before the notary or peace court with the required witnesses, then keep the registered copy safe.
Whether one Turkish will should cover only your Turkish assets or your worldwide estate depends on your family and where your other property sits; a lawyer can assess it in a short consultation. In our practice at Karanfiloglu Law Firm, a will limited to the client’s Turkish assets, drafted to sit alongside a home country will, is often the cleanest arrangement for foreigners.
Using a Foreign Will for Assets in Turkey
A foreign will can be valid in Turkey, and Turkish courts will generally accept a will made abroad if it met the formal requirements of the country where it was signed. So a will you executed properly in London or Dubai is not worthless here. To use it for Turkish assets, it must be translated into Turkish, notarised or apostilled as required, and submitted to a Turkish court so its terms can be applied to the estate.
There is still a limit. Even a foreign will valid in Turkey cannot override the reserved shares that Turkish inheritance law protects for real estate located in Turkey. If your English will leaves a Turkish flat entirely to one person while cutting out a child, that child can still claim their reserved portion here. Many foreigners choose a separate Turkish will for their local property precisely so that a foreign will valid in Turkey does not have to be interpreted and litigated by a Turkish court later.
Probate and Passing the Estate to Your Heirs
When you die owning property in Turkey, your heirs cannot simply take over the assets. They first obtain a certificate of inheritance. This document, the veraset ilamı, is issued by a notary or a peace civil court and names the legal heirs and their shares. With it, the heirs can transfer the title deed (tapu) at the Tapu Kadastro land registry, deal with bank accounts, and approach other authorities.
If there is a will, the court opens and reads it, notifies the heirs, and settles any reserved share claims before the estate is distributed. Inheritance and transfer taxes may apply, and the rates and thresholds change, so the current position should be confirmed at the time. Clients we advise in Istanbul usually find the certificate of inheritance is the practical starting point for everything that follows.
Common Mistakes With a Will in Turkey for Foreigners
Most failed wills come from form errors and from ignoring the reserved shares, not from bad intentions. A will in Turkey for foreigners that looks fine on paper can still be cut down in court if it breaks the rules that protect statutory heirs. These are the errors we see most often, with the fix for each.
- Ignoring the reserved shares and leaving everything to one person, which lets excluded heirs claim their statutory minimum.
- Typing a holographic will instead of writing it by hand, or leaving out the date, either of which can void the document.
- Assuming a home country will covers Turkish real estate cleanly, when Turkish law and a Turkish court process still apply to it.
- Failing to translate or apostille a foreign will, so it cannot be used when the moment comes.
- Signing without checking capacity or witness rules, which gives relatives a reason to challenge the will.
A short legal review before signing removes almost all of these. It is far cheaper to draft a will in Turkey for foreigners correctly once than to defend a flawed one in court after you are gone.
Summary
A will in Turkey for foreigners is worth making because it gives your heirs a clear, enforceable path to your Turkish assets and lowers the risk of a drawn out dispute. Remember the two fixed points. Turkish law governs your Turkish real estate, and reserved shares protect your close family whatever your will says. Pick a recognised form, respect those shares, and record your wishes clearly. Whether you rely on a Turkish will, a foreign one, or both, a document prepared with Turkish inheritance law in mind is what turns your intentions into something your family can actually carry out.
Talk to a Lawyer in Istanbul
If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreigners and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at [email protected], or visit us at Mecidiyeköy Mah. Büyükdere Cad. No:67-71, Alba İş Merkezi, Kat:8, Şişli, İstanbul. Contact us to discuss your situation.
Frequently Asked Questions
Is a will in Turkey for foreigners legally binding?
Yes, a will in Turkey for foreigners is legally binding when it follows one of the recognised forms and respects the reserved shares of statutory heirs. Turkish law allows a foreigner to make a will over assets held in Turkey, and the courts will apply it. The main limit is that reserved portions for close family cannot be written out, especially for real estate located in Turkey.
Which law applies to my property in Turkey when I die?
Turkish law applies to any real estate you own in Turkey, regardless of your nationality. Your movable assets, such as bank accounts and vehicles, are usually governed by the law of your own country. This split comes from the Turkish Act on Private International Law and Procedure, so one estate can involve two legal systems at the same time.
What are the reserved shares in Turkish inheritance law?
Reserved shares are fixed portions of an estate that Turkish law protects for close relatives, mainly your children, your spouse and sometimes your parents. A will cannot take these portions away, and an excluded heir can go to court to claim the statutory minimum. Only the disposable portion, the part left over after the reserved shares, is yours to give freely.
Is my foreign will valid in Turkey?
A foreign will can be valid in Turkey if it met the formal requirements of the country where you signed it. To use it here it must be translated into Turkish, notarised or apostilled as required, and submitted to a Turkish court. Even so, a foreign will valid in Turkey cannot override the reserved shares that protect close family for Turkish real estate.
What are the types of will in Turkey?
Turkish law recognises three types of will in Turkey: the official will, the holographic will, and the oral will. The official will is made before a notary or peace court with witnesses and is the most secure. The holographic will is handwritten, dated and signed by you. The oral will is an emergency form used only in extraordinary circumstances.
Do I need a lawyer to write a will in Turkey?
You are not legally required to use a lawyer, but the reserved shares and the form rules catch many people out. A lawyer can calculate what portion of your estate you can actually give away, draft the will so it survives a challenge, and set it up to work with any will you hold abroad. This is often why foreigners ask for help when learning how to write a will in Turkey.
Can I leave everything in Turkey to one person?
No, in most cases you cannot leave everything to one person if you have statutory heirs. Turkish inheritance law for foreigners reserves a minimum portion for children, a spouse and sometimes parents, and they can claim it in court. You can freely give away only the disposable portion that remains after those reserved shares are set aside.
How do my heirs claim my assets in Turkey?
Your heirs first obtain a certificate of inheritance (veraset ilamı) from a notary or peace civil court, which names them and their shares. With that document they can transfer the title deed at the Tapu Kadastro land registry, deal with banks, and handle other authorities. If you left a will, the court opens it and settles any reserved share claims before distribution.
About the Author
Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He holds an LL.B. from Galatasaray University Faculty of Law (2016) and advises clients in Turkish, English and French; the firm also serves clients in Russian and Chinese with experienced in-office translators.
Disclaimer: This article provides general information about Turkish law and is not legal advice. Laws, regulations, official fees and procedures change over time and every situation is different. For advice on your specific circumstances, please consult a qualified lawyer. No liability is accepted for any loss arising from reliance on the information in this article.
