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Writing a will; Englishman, Turkish wife

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Old 04-11-2006, 23:38   #1
Visitor

 
Varsayılan Writing a will; Englishman, Turkish wife

I am English with a Turkish wife, living in Turkey. I have a daughter living in England. I want to write a will leaving them various properties. I understand how to write an English will, but would it be honoured in Turkey? I would like any opinion about the best way to make sure my wishes are carried out. Many thanks.
Old 05-11-2006, 12:00   #2
Tiocfaidh

 
Varsayılan

Dear Visitor,

First, relax that your will will be valid and honored in Turkey, even if you write it in England, due to some international conventions/treaties.

I'll shortly write what you have to do to leave a valid will in Turkey now considering different posibilities..

-You have to follow the English law orders to write a will if you will write that will in England(this is a validity condition in Turkish law), then your will will be carried out in Turkey.

-If the assets that you want to leave are real(unmovable) properties in Turkey, you can also fulfill the requirements of Turkish inheritence law to write a will. This will be valid as well.

-If you will write this will in Turkey, it won't matter whether you will follow Turkish or English law systems. It will be valid in Turkey in both preferences.

I naturally don't know the requirements of English law system to write a valid will. But in Turkish law, you can easily write a formal will by going to a notary together with two witnesses. Meanwhile, don't forget to take a sworn interpreter

Best wishes
Old 06-11-2006, 16:03   #3
Visitor

 
Varsayılan

Thank you Tiocfaidh.

In the English legal system, in my will I appoint someone to "execute" my will who is known as the "executor". He doesn't have any legal background and is often a member of the family. When I die he writes to banks to instruct them to transfer my money to the new owner and to land/registry offices to transfer ownership of property etc. In Turkey I have land, houses and cash in the bank. What steps would my executor need to take to start the process in Turkey?

I ask because I would like to give my executor some guidance before my death. It's not so easy afterwards! :-)
Old 12-11-2006, 15:23   #4
Tiocfaidh

 
Varsayılan

Dear Visitor,

You can also write a will in England-to be executed in Turkey- other than doing it fomally in a Notary in Turkey.

You can draw up your will on a paper. The writing date and your signature below your will are the validity conditions that have to exist on the paper.

It's very important that no one else should write anything(even a single letter) on the paper except you. Or else, the judge(who will examine whether the will was written by you or not) may get an impression that it was done by someone else and annul your will.

As I said above, you can write a will in England and appoint an executor for executing your will in Turkey, but the surest and most reliable way is to do it in a notary in Turkey. The notary will conserve your formal will until you will pass away, and no one(including judge) will have any doubts whether it's your will or not while executing it.

You can write me here if you still have something to ask.

King regards
Old 12-11-2006, 19:08   #5
Visitor

 
Varsayılan

Thank you for all your advice, Tiocfaidh, you are very kind.

In the Turkish system I think you said that the notary will keep my will and when I die he will execute it. Is that right? That sounds good, although he might have difficulties corresponding with English institutions.

You mention that no-one else must write anything on my paper. In the English system we sign and date the paper and a witness signs underneath, including his profession and address, to verify my signature. This person is usually someone in a trusted position, such as a doctor or bank manager.. Presumably this would not upset the Turkish judge?

Thanks once again..
Old 13-11-2006, 12:30   #6
Av.Burcu Orhan

 
Varsayılan Wills..

Dear Sir,

I am a Turkish lawyer based in London and I do prepare Wills for both English and Turkish Legislations, my suggestion is, please make sure the Turkish Will and the English Will are somehow connected, if you do not do so, the Will which has the latest date will revoke the other one and you may end up leaving your assets to the people you did not intend to.

And you can notarise the documents in England too should you feel that would be more convenient.

Kind Regards
Av. Burcu Orhan


Alıntı:
Yazan Visitor
I am English with a Turkish wife, living in Turkey. I have a daughter living in England. I want to write a will leaving them various properties. I understand how to write an English will, but would it be honoured in Turkey? I would like any opinion about the best way to make sure my wishes are carried out. Many thanks.
Old 13-11-2006, 22:41   #7
Visitor

 
Varsayılan

Dear Av.Burcu Orhan,

Thank you very much for your interest. Before reading your post I thought that I could write one will which would be valid in both countries. In your experience of someone who has property and inheritors in the two countries, is it better to write separate wills as you describe, or a single one with a translation?

Kind regards.
Old 14-11-2006, 13:19   #8
Av.Burcu Orhan

 
Varsayılan

Dear Sir,

According to International Law, all the immovable assets of the deceased are subject to the legislation of the country it is registered and/or located. Plus, it is always advisable to have different Wills for different Legislation as every country have different validity and enforcement regulations, ie: In some european countries you do not need a witness whereas for some countries like england it is a must to have witnesses.
So, my suggestion is have a Will for your Turkish assets, and have another Will for your English assets seperately, but in your English Will make sure it is stated that there is a Turkish Will covering Turkish assets and none of the Wills shall revoke eachother.
Kind Regards


Alıntı:
Yazan Visitor
Dear Av.Burcu Orhan,

Thank you very much for your interest. Before reading your post I thought that I could write one will which would be valid in both countries. In your experience of someone who has property and inheritors in the two countries, is it better to write separate wills as you describe, or a single one with a translation?

Kind regards.
Old 30-11-2006, 22:23   #9
Visitor

 
Varsayılan

Sayin Av.Burcu Orhan,

I'm sorry for the long delay in replying. Thank you very much for your explanation and recommendation. I've done a little research elsewhere too and I am coming to the opinion that your suggestion is probably the best way forward.

Many thanks.
Old 04-07-2012, 13:28   #10
LaquitaHoque71

 
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