With the threat of global warming, it is a blessing to feel all four seasons in a year. Today I will respond to an email about inheritance laws. The email from my reader is as follows:
“Sayın Berk Bey, I am a foreigner married to a Turk. I don’t have any children, but two stepsons who are 28 and 19, respectively. My question to you is: If we are buy property now and if I should pass away before my husband, who will be entitled to the property? I have a nephew and nieces in my native country. What happens if he passes away before me, who will be entitled to the property? Thank you very much for your assistance.”
Before answering this question, I wish you and your husband a happy and long life. Also, I will directly answer the question instead of explaining general information regarding inheritance law. If your husband passes away first, both movable and immovable assets are governed by Turkish law because he is a Turkish citizen. However, for a foreigner married to a Turkish citizen, immovable property is subject to Turkish law, whereas movable assets are subject to the deceased’s national law.
‘Who is entitled to the property?’
According to the Turkish Civil Code, it is possible to make a will. However, there are certain requirements that must be fulfilled. Otherwise, the will won’t be valid under Turkish law. There are three ways of executing a will: in an official form, in handwriting or verbally. A verbal will is acceptable only under exceptional circumstances.
What is a statutory share?
It is a portion of the estate that must be passed to heirs. The law protects the rights of heirs and this portion cannot be transferred by will. In any case, a testator is obliged to follow the statutory portion of heirs, which is specified in the Turkish Civil Code as follows:
* Children are entitled to three-quarters of the statutory share.
* Father and mother are entitled to half of the statutory share.
* Brother and sister are entitled to one-quarter of the statutory share.
* The surviving spouse with no children is entitled to half of the statutory share.
In your case, if your husband passes away first, you will be entitled to one-fourth of the statutory share.
However, if you pass away first, then your husband will be sharing the inheritance with your grandfather, grandmother and their offspring. However, if you have just nieces and nephews, your husband will be entitled to the entire estate.
Turkish law provides an exemption for the spouses in regard to the family house they live in. The surviving spouse can acquire full title to the family home with the condition that he or she pays the balance to the other heirs of the deceased.
It might be good idea to make a will that covers this aspect in detail while considering the statutory portions of the heirs.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
