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Inheritance law in Turkey: everything you need to know

Illustration of a property being transferred (inheritance law)

Overview of Turkish inheritance law

For Dutch nationals owning or investing property in Turkey, it is important to be aware of local inheritance law rules. Turkish inheritance law, laid down in the Turkish Civil Code ("Miras"), regulates how property is distributed after death. This is especially important for Dutch people with property or other interests in Turkey.

Although Turkey recognises wills, it is crucial to know that they must be drafted correctly according to Turkish law to be valid. A will drafted in Turkey provides more security, especially for foreigners, and avoids potential legal conflicts after death.

Basic principles of Turkish inheritance law

In Turkey, inheritance is distributed based on Turkish law, regardless of the nationality of the deceased. Upon death without a will, the inheritance is distributed according to a fixed order: spouse and children have priority, followed by parents, siblings. If none of these family members are present, the Turkish state inherits the assets.

Inheriting as a foreigner in Turkey

For foreign heirs, the same basic rules apply as for Turkish citizens, but there are some additional steps. For example, foreigners have to apply for a "Certificate of Inheritance", and in some cases this document has to be translated and legalised. This certificate is essential for the distribution of both immovable and movable assets.

Real estate and inheritance law

Turkey follows the principle of "location of property", which means that inheritance law rules apply in the country where the property is located. This can mean that even if a foreign law states otherwise, Turkish law will apply to real estate in Turkey. This can create complications if there are contradictions between Turkish laws and those of the heirs' home country.

Inheritance tax in Turkey

Heirs are subject to Turkish inheritance tax regardless of their place of residence. The tax ranges from 1% to 10%, depending on the value of the inheritance. This is relatively low compared to other European countries. The tax can be paid over a three-year period, with two repayments per year.

Importance of Legal Aid

It is advisable to seek legal help when settling an inheritance in Turkey. A local lawyer can help navigate the complexities of the Turkish legal system and ensure that the rights of heirs are protected. This is especially important if there is no will, or if conflicts arise over the division of the inheritance.

By being well informed and seeking timely legal support, Dutch people dealing with an inheritance in Turkey can avoid complications and unexpected problems. Turkish inheritance law can be complex, but with the right knowledge and guidance, heirs can protect their rights and ensure a fair and lawful distribution of the estate.

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The process of inheritance in Turkey starts with collecting the necessary documents that prove the right to inherit. This usually includes a death certificate and other official papers confirming the relationship with the deceased. These documents often need to be legalised and translated at a Turkish consulate. Next, legal proceedings must be initiated to prove the relationship with the deceased. Once this is established, the court identifies and evaluates the assets before allocating them to the heirs. This process can be complicated and it is advisable to seek legal help to ensure that everything is done correctly.

Under Turkish law, property is distributed according to the principle of "place of ownership". This means that Turkish laws apply to property located in Turkey, regardless of the nationality of the owner. Upon death without a will, property is divided between the surviving spouse and children, with half going to the spouse and the other half divided equally between the children. If there are no immediate family members, other relatives or eventually the state can lay claim to the property.

Inheritors in Turkey are subject to inheritance tax regardless of their nationality or residence status. The tax is calculated based on the value of the inherited property, with rates ranging from 1% to 10%. For real estate, for example, the tax can be 3% for properties worth around TRY 900,000, and go up to 10% for properties worth more than TRY 6.78 million. This tax can be paid in instalments over a period of three years.

If someone dies without a will in Turkey, the inheritance is distributed according to the standard rules of Turkish law. This means that the inheritance automatically goes to the spouse and children. If there are no children, the parents and siblings inherit. In case there are no next of kin, the inheritance goes to the Turkish state. The lack of a will can cause legal complications, especially if there is disagreement over the division of the estate, or if there are heirs abroad.

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