Posts Tagged ‘Inheritance laws in Turkey’

Inheritance laws in Turkey are different than U.S. inheritance laws. The laws aim to protect the extended family, considered very important in Turkish culture. The law can be very confusing for foreigners and it is advisable to seek expert advice and write a will according to Turkish rules and regulations.

Relevant Laws

The Turkish government has passed several laws governing inheritance in Turkey. They are the 2001 Turkish Civil Code, the Code of International Private and Procedural Law and the 1927 Code of Civil Procedure.

The Turkish Civil Code establishes equality between men and women in marriage while the 1982 Code of International Private and Procedural Law (amended in 2007) deals with the inheritance rights of foreigners. The Code of Civil Procedure deals with domestic arbitration cases.

Property in Turkey

If a non-Turkish resident dies with assets in Turkey, their assets may be subject to Turkish law. As a general rule, any movable assets such as money in bank accounts, stocks or shares or any property that can be moved will come under the law of their native country. Immovable property in Turkey, such as houses or villas, however, falls under Turkish law.

Heirs

If the owner of property in Turkey dies without a will, the first statutory heirs are his or her children. If the house was jointly owned, the spouse would retain half of the property while the children would inherit the other half. If there are no children, the parents of the deceased are next in line for inheritance.

If the parents are dead, then it goes to the brothers and sisters of the deceased. Only if there are no living relatives of the deceased does the entire property go to the spouse. If there are no heirs or the owner is from a country without reciprocal property rights with Turkey, the estate becomes property of the State. Read the rest of this entry »