Hiya,
Does anybody have any ideas where you stand having a British will in Turkey? Is it still relevant over there? I have no idea and would be grateful if anyone could help me out.
Laura
It is relevant but the process and costs are horrendous. they have to translate everything via the lawyers and embassies. Best to get a will made in Turkey citing the british will and therefore your wishes will be dealt with
Does anyone know of a reputable english speaking lawyer in either Marmaris or Mugla?
The way I understand it, and as explained by a Turkish lawyer, any property you have here will automatically be shared between your spouse and children equally, and if your spouse is resident then your children cannot force a sale. dont know if this helps you. This will not affect your English will or assets there.
£270 now, can save many thousands after you die.
Hey I don't mind paying but I would like a couple of quotes first! I don't intend dying soon but would like my family to have an easy time of it if I do!
Try these two for quote Riza Kaya 0090 242 243 76 06 (speaks fair English) and is based in Antalya.
Principally, the national law of the descendant governs the inheritance procedure. However, Turkish law would apply to immovable property in Turkey. Therefore, the descendants assets such as money in the bank, car or other moveable property are be governed by the national law of the descendant, whereas the immovable properties in Turkey (such as a house, land etc. found in Turkey) are governed by Turkish law.
The first and one of the most important issues related to the inheritance is the distribution of the estate. The legal successors, the will and the successors agreement are all considered to determine who the successors are and to what extent the estate should be given to each.
If the descendant was a foreigner his or her national law would apply except in relation to the immovable estate in Turkey. If the descendant has Turkish nationality as well as his or her other nationality, the descendant would be considered as Turkish and Turkish law would apply to the whole inheritance.
If a foreign person has immovable property in Turkey, Turkish law would certainly be applied to the succession of this immovable property, thus, foreigners who live in Turkey need to have a basic idea about Turkish inheritance law.
Like in all European legal systems, there is no discrimination between female and male inheritors. In Turkish law the descendants spouse is considered first and then the children.
If the descendant does not have a spouse, the children; and if there are no surviving children, the grandchildren would be the inheritor. If the descendant has no child or grand children, the parents; and if there are no grandparents the brother or sister would be inheritors.
If the descendant had a spouse, he or she shall be inheritor together with the descendants 'blood' relative. If the descendant had children the spouse is given half share and the rest is shared equally between the children. If the descendant had no children but had a parent or brother/sister, the spouse is given half and the rest is shared equally between the descendents parents. If the descendant had neither children or parents, but only grandparents, the spouse is given half and the rest is shared by the grandparents. If the descendant has no children, parents or grand parents the spouse is given the whole inheritance. One should notice that there is no difference between an adopted child and a natural child.
The inheritors can have an agreement to share the descendant's assets. If they are not able to come to an amicable agreement on the sharing of the estate, any of the inheritors have the right to ask the court to share the descendant's assets among the inheritors.
If one of the spouses dies whilst divorce litigation is pending, the spouse is still considered as an inheritor not withstanding the divorce case.
One can have a will and determine on the inheritors and their shares. The will is valid as to its form if it conforms to the law governing the inheritance or to the law at the place where it is concluded. The wills can be made under Turkish law in three different forms. Oral form that is possible only for the extraordinary situations such as immediate vital danger, war etc. Under normal circumstances oral wills are not valid.
The second form is hand writing form. The whole hand written will must be written in the descendants hand writing and it must contain the date and signature. Such wills can not be typed on a typewriter or computer signed; since the whole of the will must be in hand writing. The language of the will does not have to be in Turkish.
The safest way to conclude a will is certainly the official form. An official form of a will can be concluded in a public notary. A lawyer can formulate the will considering all the aspects of the inheritance law and the public notary can officially conclude and deposit the will. This form prevents future possible objections against the will.
If the will violates the law, the will can be set aside by the court. The inheritors have the right to bring a law suit to set aside a will.
A tax is applicable to the inheritance, but the amount varies depending on the value of the assets. There is no discrimination between foreigners and Turkish citizens.
It all sounds very complicated but I believe in my case it will be straight forward going to my english husband then on to my child....
From your info I think it would be wise to get a will drawn up in turkey and then notarised...
Many thanks
I am sure this will be of use to others as well...
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