You may not be a Turkish citizen or reside in Turkey, but you may have inherited movable or immovable property in Turkey. As a foreigner, you might want to know how to claim this property, which court to apply to, and which country’s law will apply. This blog post explains the legal procedures in inheritance cases involving a foreign element and serves as a comprehensive guide.
Which Courts Are Competent in Inheritance Cases Involving a Foreign Element?
Jurisdiction is governed by Article 43 of the Private International Law and Procedural Law (MÖHUK). If the deceased’s last residence was in Turkey, the court in that location is competent. If not, the court where the assets are located has jurisdiction. The presence of assets in Turkey is sufficient for Turkish courts to have international jurisdiction. For immovable property, Turkish courts have exclusive jurisdiction; therefore, any agreement giving authority to foreign courts regarding Turkish real estate is invalid.
For procedural matters:
- Civil Courts of Peace (Sulh Hukuk) are competent for general inheritance cases and estate determination.
- Civil Courts of First Instance (Asliye Hukuk) are competent for title registration of immovable property.
Certificate of Inheritance and Foreign Nationals
Certificates of inheritance show legal heirs and their shares and may be issued by notaries under Turkish law. However, if the request involves foreigners, notaries are not authorized. In such cases, only courts can issue the certificate. Jurisdiction for this request is based on the applicant’s or another interested party’s place of residence.
Recognition and Enforcement of Foreign Court Decisions in Turkey
If you obtain an inheritance-related court decision abroad, you must have it recognized or enforced in Turkey to have legal effect. Declaratory judgments require recognition, while enforceable decisions require enforcement (tenfiz).
Preconditions include:
- The decision must be final and from a foreign court.
- It must involve civil law matters.
- It must be conclusive.
Substantive requirements (Article 54):
- Reciprocity
- No conflict with exclusive jurisdiction of Turkish courts
- Not manifestly contrary to public order
- Respect for right to defense
Recognition and enforcement are subject to the simplified trial procedure. Documents required include:
- The original court decision or certified copy with translation
- Document proving the decision is final
Foreign certificates of inheritance regarding immovable property cannot be recognized due to Turkey’s exclusive jurisdiction. Only those from foreign courts (not other authorities) may be recognized and only for movable property.
It must be emphasized that foreign court decisions concerning immovable property located in Turkey cannot be recognized or enforced in Turkey due to the exclusive jurisdiction of Turkish courts over such matters. Therefore, any inheritance-related foreign judgment concerning real estate in Turkey must be re-litigated before Turkish courts.
Applicable Law in Inheritance Cases Filed in Turkey
According to Article 20 of MÖHUK:
- Inheritance is governed by the deceased’s national law.
- Turkish law applies to immovable property in Turkey.
- Movable assets follow the deceased’s national law.
- Acquisition and distribution of inheritance follow the law of the location of the estate.
No freedom to choose applicable law is given to the deceased. While heirs’ nationality is mostly irrelevant, property laws in Turkey (e.g., Land Registry Law Articles 35 and 36) may restrict foreign citizens from acquiring real estate, even if they are rightful heirs.
Conclusion
Navigating inheritance procedures as a foreigner in Turkey involves understanding jurisdiction, applicable law, and legal recognition processes. If the inheritance includes immovable property, Turkish law and courts will have exclusive authority. For movable property, recognition of foreign court decisions may be possible. Legal guidance is essential for managing these cross-border legal complexities effectively.
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