Alıntı: I have read your posts regarding the Law concerning the death and Estate of the Turkish partner in a marriage, but I have a question concerning the Estate of the foreign partner. I am a British female with a Company registered in her name (Turkish partner hold 5% of the company as required by Law). However the business partner is also my future husband and we are currently living together. As a result of the business I now own a large apartment block and house, these are registered in the company's name. My Last Will and Testament drawn up in the UK ensures that my partner, together with named beneficaries in the UK, recieve allocated shares of the Estate. So the question is: In the event of my death, will the Last Will and Testament have relevance in the Turkish legal system?

Hello, i'm a law stutent in the last grade of the faculty yet but i'll try to give a satisfactory answer as well as i can..

It's important where the person passed away to define which country's court is authorised for the process of allocation.


The cases about your personal inheritance will be proceed in Turkish courts if you pass away in Turkiye, otherwise in English courts are authorized if it happens in England.

About the issue which law system will be applied for your inheritance.. The law system of England will be applied for your inheritance even if the case is proceed in Turkish courts.


*A special note, Turkish law system will be applied in the cases about the real properties in your inheritance wherever you pass away(even if in England).

If your last will and testament you mentioned above are about a real property in Turkiye, Turkish law system will be applied for allocating your inheritance-but in relevant with your testament and last will- even if they were drawn up in England(as long as having validity conditions according to English law system.

Alıntı: I do not want either my partner in Turkey or my family in the UK to encounter legal problems should the above - unlooked for! - event take place.

I think you don't need to worry about it, however your last will and testament will be valid in Turkish courts and your estate will be allocated according to your intention

Alıntı: Merhaba, My questions relate to a foreigner (but he is a Turkish resident) who married a Turkish woman in Turkey. If this foreigner died in Turkey, how does the Inheritance proceed? Does the Turkish wife receive 50% of all his assets (acquired before & after their marriage) and his biological children the other 50%?

If the person who is living in Turkiye(but not having a Turkish citizenship) dies in Turkiye, his national law system will be applied in the procession of the inheritance. The ratios in his own national law system and civil code(or inheritance code) will show with what ratio his assets will be allocated between his wife, children or any other relatives, not Turkish law.

*But if there is real property asset he left behind in Turkiye, Turkish law system will be applied at allocating process. So, the wife will recieve 1/4 of the real property, and the children will share the rest part(3/4) equally(if there's not a testament or last will).

Alıntı: Does an Inheritance testament that he might have done in front of a Notary in his country of origin have any weight, or is it worthless in Turkey?

A testament which was drawn up in his country is also valid in Turkiye. But it must be done with validity conditions of his own country's law system if the person does it in his own country.

Alıntı: Thank you very much for your time. Tecekur ederim.

You are very welcome, i hope i could give you an enough answer that satisfied you. If you have something else to ask either with this topic or another, i will try to do everything i can to help you

Alıntı: I have a question about Turkish Inheritance Law- My father owned property in Turkey. He was born in Turkey, had Turkish nationality until the 1950's when he became naturalized in the UK, assuming from then on dual nationality: British and Turkish. At time of death he was domiciled in the UK. By his UK will he left everything to the spouse, who is British. The Turkish property is not mentioned. My question is whether the will is valid in Turkish Law for disposing of Turkish real estate/land, or whether the children have fixed entrenched rights (such as they have in France, or under Islamic Law) to a share in the property? I would be very grateful if anyone could answer this question. Thanking you for your time Kind regards.

The thing i coulnd't understand so well is, did your father have dual citizenship when he died or not? Anyway, i'll try to give you an answer that involves both possibilities..


1)If your father had only English citizenship, English law system will be applied during the process of allocating his inheritance(except the real properties he had in Turkiye[if he had]).


2)If your father had dual citizenship, Turkish law system will be authorized for the process of his inheritance.

There are something else i can say about the first possibility; if your father drew up a testament in England, it will be valid in Turkish law but not for the real properties in Turkiye. As well as i can understand, your father left all his assets to his wife, but this is not possible in Turkish law as long as having someone who has reserved rights on his inheritance(for example his children and other descendents). So, since you are one of the reserved righted inheritors of him, he can't leave all his assets to his wife by a testament according to Turkish law.


Your reserved right is..

1/4 of the total inheritance belongs to his wife

the rest(3/4) belongs to all children of him to share equally. And the 1/2 of each inheritor's allotment is reserved and your father can't leave this to another one by a testament or something else.

Let's say your father had two children, you will equally share the 3/4 of the total inheritance. This makes your allotment 3/8. And the 1/2 of your legal right on your father's inheritance is your reserved right which can't be left by your father to anyone else by a testament. And this makes your reserved allotment 3/16 of his total inheritance, according to Turkish civil code.


**But this can be only proceed for the assets of your father which are real properties in Turkiye. As well as i know, there's nothing such 'reserved right' in the inheritance law of England. So, i'm afraid he can leave all his assets in England to his wife, a according to English law system(but i may be mistaken, i'm not sure about English law).