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inheritance

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Old 18-06-2007, 22:33   #1
Konuk

 
Varsayılan inheritance

Please can you help? Iam going to marry my Turkish boyfriend.He will come to live with me and my 16 yr old daughter. I have a mortgaged property, worked hard for.In 2 or 3 yrs I want to sell it and we intend to buy a house in Turkey. However, when this has happened, if he dies, do I have to sell my property to give his surviving mother and siblings a share? Also what about my mother and daughter? Does it get shared with them if I die? or do his family claim it.Are we able to write a UK will before we go to live in Turkey, leaving everything to each other if one of us dies?If we both die can we leave it to who we choose, such as my daughter?Iam 41 yrs old and have worked along time for my home.My fiancee wont be putting the same capital in as me.Also does it make a difference which country we marry in. thanks
Old 26-06-2008, 13:35   #2
Konuk

 
Varsayılan Turkish Law

Dear Konuk.
Please advise.Myselve and my wife moved to Turkey five years ago.We own a house here also have bank accounts in both names but either may sign.We had a lawyer here draw up a will and it was registered at the notary. Our wishes state that if one of us dies the whole estate passes to the other. If and when we both die the estate is divied detween our four children named in the will living in the uk.We have instructed the bank as to these wishes.Have we done everthing correct in Turkish law?
Thanking you.
Dennis Wiltshire
Old 25-08-2008, 19:39   #3
Konuk

 
Varsayılan

Dennis unfortunately the will you have drawn up leaving everything to each other is not the case, we have found this to be the case as dealing with our very dear friends affairs, the husband died last year leaving the property to his wife, the Will declares that this is his last will and testament (the property is in joint names)

Before the surviving spouse has any full claim to their property many hoops have had to be jumped threw! proof that the mother father are deceased, and their are no surviving siblings, if there are surviving siblings then they need to swear an oath that they do not wish to benefit from the Will.

There has to be 2 court cases in Turkey (even though a Turkish will is inforce) one to open the case and the next to provide the judge with all the paperwork to confirm, that mean Apostilled birth death and marriage certificates, sworn oaths of allegiance the cost in Turkey so far has been (cheapest quote yet) 3,000YTL plus the cost of consulate letters Apostille stamps and UK lawyers fee!!

And all this is for a Will identical to that which you, Dennis have made.

We are currently looking at another avenue to see if this is acceptable in a Turkish court of law.


Do not be complacent thinking that because you have made a Will covering your Turkish property that it will be adhered to.
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