Inheritance Rights for Foreigners under Turkish Law

Foreigners inheriting assets in Turkey enjoy rights largely similar to those of Turkish citizens under the Turkish Civil Code and the Law on International Private and Procedural Law (IPPL). Immovable property located in Turkey is subject to Turkish law regardless of the deceased person’s nationality, while movable assets (like bank accounts or shares) are generally governed by the law of the deceased’s last domicile. This means that foreign heirs can inherit land, houses and other real estate in Turkey, subject to national restrictions on property ownership, and they can freely transfer movable assets under their own national law. A Turkish lawyer familiar with cross‑border succession can help foreign heirs understand which legal regime applies and guide them through the inheritance process.

Turkish inheritance law recognises both statutory and testamentary succession. In statutory succession, the estate is divided among the spouse and blood relatives according to predetermined shares, while testamentary succession allows individuals to leave part of their estate to persons of their choice through a valid will. However, Turkish law provides for “reserved shares” (saklı pay) that protect close relatives such as children and spouses from being completely disinherited; a certain portion of the estate must be left to them. Foreigners making wills involving Turkish assets should be aware that Turkish courts will enforce these reserved shares, even if the will is drafted under a different legal system.

To claim an inheritance in Turkey, heirs must obtain a certificate of inheritance (veraset ilamı), which proves their status as legal heirs. Foreign heirs need to provide documents such as birth certificates, death certificates and proof of kinship, which must be translated into Turkish and notarised or apostilled. The certificate can be issued by a Turkish notary for Turkish citizens, but foreign heirs generally need to apply to the Turkish Civil Court of Peace, especially when there are international elements involved. The court will verify the documents and issue the certificate, allowing heirs to transfer title deeds, access bank accounts and handle other estate matters. Given the complexity of cross‑border documentation, working with a Turkish English speaking lawyer ensures that paperwork complies with Turkish legal requirements and that the process runs smoothly.

Inheritance also entails tax obligations, as Turkey imposes an inheritance and gift tax on assets passed to heirs. The rates vary depending on the relationship between the deceased and the heir and the value of the estate, and tax declarations must be filed within four months for domestic estates or eight months if the deceased was abroad. A Turkish lawyer can assist foreigners in calculating taxes, filing declarations and exploring potential exemptions under double taxation treaties.

Overall, understanding inheritance rights in Turkey requires careful consideration of the applicable law, the distribution rules and the procedural steps for obtaining a certificate of inheritance. A Turkish lawyer or Turkish English speaking lawyer can help foreign heirs protect their rights, comply with reserved shares and complete the necessary formalities. Our law firm offers comprehensive guidance on estate planning, will preparation and succession proceedings for international clients inheriting assets in Turkey.

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