Mesajı Okuyun
Old 13-10-2008, 23:02   #1
Konuk

 
Varsayılan Inheritance for Turkish property.

I need some advice on Turkish inheritance law please.

I have a property in Turkey. My wife is deceased and by English law I inherited all her worldly goods. I did not have probate when she passed away as it was not necessary, everything was in joint names. It was some time ago.

I have a Tapu for my Turkish property that has my wife's name on it. It was my wife's wish and is also mine that on my demise, the property should be passed to my two brothers on a 50/50 basis. This is stated in my English will. There are no children from our marriage.

My wife had a brother but the relationship was none existent and there has been no formal contact throughout the 40 years of our marriage. His whereabouts is unknown and he could even be deceased.

I have made a Turkish will for the Turkish property and an English will for my other assets, but I am concerned that my, (and my wife's), wishes will not be fulfilled when I eventually pass away. We both agreed that the property in Turkey should go to my brothers, (who she was very closed to), and no part should go to her brother. Would he still be entitled to receive part under Turkish law or would the English will be taken as final. I have never resided in Turkey and due to ill health am not likely to. My wills will be executed in the UK.

In the unfortunate event that Turkish law decrees that the brother could have a claim, what proportion of the property could he claim?

As I mentioned earlier there has been no contact since before our marriage more than 40 years ago. It was an acrimonious break in the relationship, there was bad feeling.

There are no surving parents and no other siblings.

How would Turkish law deal with the property under these circumstances?

Thank you,

Christopher