Introduction
Today, both Turkish citizens residing in Dubai and Dubai nationals owning assets in Turkey are subject to a hybrid legal process in terms of inheritance law. This process is governed by the rules of private international law, the national inheritance laws of each country, and relevant international conventions.
Although there is no specific bilateral treaty between Turkey and the United Arab Emirates (UAE) on inheritance matters, the provisions of Law No. 5718 on Private International Law and Procedural Law (MÖHUK) are applied.
1. Legal Framework
1.1 Laws Applicable in Turkey
- MÖHUK Article 20: Inheritance is governed by the national law of the deceased.
- Turkish Civil Code (TCC): Regulates inheritance distribution, reserved portions, wills, and reduction claims.
- Court of Cassation Decisions: Establish that Turkish law applies to immovable property located in Turkey, even if the deceased is a foreign national.
1.2 Laws Applicable in Dubai / UAE
- UAE Personal Status Law (Federal Law No. 28 of 2005) – Predominantly based on Sharia law.
- Post-2020 amendments introduced secular inheritance rules for foreigners and the ability to register wills (e.g., DIFC Wills Service Centre).
- If a Muslim passes away without a will in Dubai, the estate is usually distributed according to Islamic inheritance rules.
2. Determining the Applicable Law
2.1 From Turkey’s Perspective
- Immovable Property: Property located in Turkey is always inherited according to Turkish law (MÖHUK Art. 20/final).
- Movable Assets and Rights: Governed by the national law of the deceased.
- Example: A bank account in Turkey belonging to a Dubai citizen may be subject to UAE law.
2.2 From Dubai’s Perspective
- The law of the deceased’s nationality can be applied to asset distribution upon request.
- Foreigners in Dubai may prepare a will compliant with Turkish law through DIFC or Dubai Courts.
3. Dual Citizenship Cases
For individuals holding both Turkish and UAE citizenship, the dominant nationality and habitual residence at the time of death are decisive:
- If resident in Turkey → Turkish law generally applies.
- If resident in Dubai → UAE law generally applies.
4. Recognition and Enforcement of Foreign Judgments
4.1 Dubai Judgments in Turkey
- A recognition and enforcement lawsuit must be filed in Turkey for the decision to be valid.
- Turkish courts may reject decisions that violate public policy or the reserved portion rules under the TCC.
4.2 Turkish Judgments in Dubai
- Recognition and enforcement proceedings must be initiated before Dubai courts.
- If a ruling conflicts with Sharia-based principles, enforcement may be refused.
5. Wills and Reserved Portions
- In Turkey, the reserved portion system protects certain heirs from being disinherited; wills cannot eliminate these statutory shares.
- In Dubai, foreigners have broader testamentary freedom under the secular system; however, for Muslims, Sharia-based fixed shares still apply.
6. Common Practical Issues
- Different legal systems leading to changes in inheritance shares.
- Wills not drafted in a form valid in both countries.
- Lengthy and costly recognition and enforcement procedures, including translation and legalization expenses.
- Conflicts between Turkey’s reserved portion rules and Dubai’s testamentary freedom.
7. Practical Recommendations
- Turkish nationals with assets in Dubai should prepare bilingual wills (Turkish–English/Arabic).
- Wills should be drafted by an international inheritance law expert to ensure validity in both jurisdictions.
- Consider reserved portion rules and inheritance tax implications during estate planning.
Conclusion
Inheritance cases between Dubai and Turkey require specialized legal expertise due to the intersection of two different legal systems.
Professional legal assistance in drafting wills, recognition–enforcement cases, and inheritance distribution not only ensures legal compliance but also saves time and costs.
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