Today's letter concerns the requirement for a will in relation to foreign property owners.
“Dear Mr. Çektir, For over eight years I have called this beautiful place my home; I have found out much of what I know indirectly and unfortunately, not usually from the source. Upon reading your article on notaries on Aug. 3, a light went on in my head. Two years ago, I learned a very important bit of information regarding going to a notary. At the time, a British friend of mine who was a homeowner in Turkey found out she was terminally ill. When she had bought her home years before, the emlak company had never informed her of the need to have a last will and testament made out in the Turkish language. Fortunately, I had learned this from another foreign friend; it was something that I, also a homeowner, did not know. A will in Turkish and certified by a notary is a must for anyone owning anything in this country. Maybe this has become common knowledge after all these years; maybe not. At that time, I had been here six years; it was something that I had never before heard that I needed. All the best, Janet.”
Dear Janet, you have touched on a very good point indeed. It is not a “legal must” to make out a will on your property in Turkey, but this is rather a “practical should.”
Turkish International Private Law Article 22 governs matters of inheritance. According to Article 22, such matters are subject to the national law of the deceased person. The properties covered by the will shall be governed by Turkish law if these properties are located in Turkey. In other words, the transfer of title of the Turkish property to the heirs of a foreign person and all related processes and procedures will be carried out under the governance of Turkish law.
Heir(s) should apply to a Turkish court to sort out matters related to immovable property in Turkey. In the case of a will written in England in the English language, for example, the Turkish judge shall apply Turkish law and the document shall be sought by the Turkish court, under Turkish law. Hence if the will is in the English language, at this stage the judge will probably ask for an apostil application and official translation of the will.
I always try to avoid the translation of a legal document and instead have a Turkish version prepared at the same time as the English if at all possible. Translation is not always a good choice. I have previously mentioned problems concerning official translators.
So it would be a good idea to make a new will concerning any properties in Turkey before a Turkish notary, to avoid any hassle. I would also advise that it would be good to have legal assistance from a Turkish lawyer while making the will.
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 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.
