My son recently died in Turkey. Although he did not have residence, he had no intention of returning to UK. He owned a home in Istanbul, which was bought with a loan from me, with no written agreement except bank records. As he left no will, was unmarried and had no children, his mother and myself are his heirs, under both UK and Turkish law. She has agreed that I should be sole inheritor.
My questions: does inheritance take place under Turkish or UK law?
How can my ex-wife state that she does not wish to inherit?
Will I have to pay inheritance tax on the part of the value of the property that is still owed to me?
First, I want to extend my condolences to you due to your son's death.
In the inheritance section of Turkish international private law rules; the national law system of a foreigner person is applied during the legal process of allocating his/her assets even if he/she dies in Turkey. But the real(immovable) properties are the exception of this rule and Turkish inheritance law is applied if the person had a real property which was registred in Turkish tapu registry.
Concerning your questions;
1)Turkish inheritance law rules will be applied in transition of your son's real properties which are registred in Turkish land registry.
2)There are two ways that your ex-wife can try for stating that she doesn't want to be inherited:
a)She might have relinquished her inheritance rights by signing a contract with your son while he was alive(But it seems that there's no such a contract drawn up between your ex-wife and son[RIP]).
b)She can now go to the Turkish court to reject her rights of inheritance from his son. But she has to do this within 3 months from the day your son died, or 3 months from the day when she got informed about your son's death.
3)You probably will. Because the house seems to be your son's in land registry(doesn't matter whether he bought it with the money he loaned from you or not) and it will be transitted in your personal assets as requiring inheritance tax.
I hope this helps.
Thanks for your answer. It's strange that the Turkish Consulate website in London, talking about foreign nationals buying property in Turkey, says that inheritance for foreigners takes place under the law of their own country, and doesn't mention that real estate rules are different. Still, I'm glad to be on the right track now.
And thank you for your sympathy for our son. He was very happy in your country, which became the home of his heart.
here's the website reference. Seems clear enough to me.
Wills prepared by foreign nationals in their own countries can be executed in Turkey so as to transfer the ownership of a property to the individual(s) stated within the wills.
To carry out the property transfer pursuant to a will, a heir has to gather a court letter confirming the will from the relevant court of his/her own country and to have it ratified at the Turkish Consulate General. Then he/she has to submit that letter to the relevant court of the province in Turkey where the property is located. Then, the Turkish Court issues an official document which allows the transfer. Finally, the heir presents the document granted by the Court to the Tapu Office as well as other documents required for the transfer of ownership.
|Türk Hukuk Sitesi (1997 - 2016) © Sitenin Tüm Hakları Saklıdır. Kurallar, yararlanma şartları, site sözleşmesi ve çekinceler için buraya tıklayınız. Site içeriği izinsiz başka site ya da medyalarda yayınlanamaz. Türk Hukuk Sitesi, ağır çalışma şartları içinde büyük bir mesleki mücadele veren ve en zor koşullar altında dahi "Adalet" savaşından yılmayan Türk Hukukçuları ile Hukukun üstünlüğü ilkesine inanan tüm Hukukseverlere adanmıştır. Sitemiz ticari kaygılardan uzak, ücretsiz bir sitedir ve her meslekten hukukçular tarafından hazırlanmakta ve yönetilmektedir.|