Law of Inheritance in Turkey

Currently, the Republic of Turkey is one of the most attractive countries for investment. The country's economy is developing rapidly, and the process of active digitalization continues. There are a lot of investment options, for example, you can buy real estate in Turkey . This strategy has a special place, because there are government programs under which a foreigner can obtain Turkish citizenship after purchase.

In today's article we will talk about inheritance law for foreigners in Turkey. Some people do not attach importance to this topic because they believe that all procedures are quite simple. This is not entirely true: there are some subtleties. Let's find out!

Can a foreigner inherit?

The answer is yes. After the death of a relative, a foreigner, regardless of whether the relative was a citizen of Turkey or a person owning property in this country, has the full right to inherit. There are several important points worth highlighting in this matter:

1. The children and spouse have the primary right of inheritance. Then come parents, brothers and sisters, grandparents, uncles and aunts.
2. If a person does not have relatives in any of the queues, then the property is distributed among the following groups of relatives.
3. If a person did not leave a will and has no descendants, then after 12 years all property becomes the property of the state.
4. All real estate and transactions with it are subject to the laws of Turkey.

After the court has issued a ruling on entering into an inheritance, heirs of real estate must contact the Cadastral Department and then pay the tax. The property will be registered to the heir within two days.

  Inheritance by will

In the case of transfer of property under a will, the following rule comes into force: if the testator has children, a wife, a husband, or parents, then the transfer of all property to one person is impossible. These persons receive mandatory shares of the inheritance: children - half of the main share of the property, parents - 25%, surviving husband (wife) - 25% of the main share.

The procedure for drawing up a will is regulated by Turkish law. At the time of drawing up the testator must be fully capable. Otherwise, the will will not have legal force.

Heirs can be subjects of both private and public law. Only an individual can dispose of property, and, therefore, bequeath it. Those conceived during the life of the testator are also allowed to enter into inheritance.

There are three types of wills in Turkey:

1. Official. It is drawn up by a Turkish notary in a notary office. This type is the most common.
2. A written document that the testator signs in his own hand. The date must be indicated.
3. Oral. Such a will is valid in case of emergency. The testator must voice his will in front of two witnesses. They are obliged to write it down without distortion.

Anyone over the age of 15 can make a will in Turkey.

Inheritance procedure in Turkey

If we consider the process itself, then here you need to do the following:

1. To enter into an inheritance, make a certificate in your home country about all heirs, notarize it and affix an apostille.
2. In the case of several heirs, they all need to come to Turkey. You can issue a power of attorney to represent the interests of someone entering into an inheritance.
3. The renunciation of a share of the inheritance must be formalized by a notary and affixed with an apostille. It can be written within 3 months from the date of receipt of notification of the death of the testator.
4. Entry into inheritance occurs six months after the death of the owner of the property.
5. The heir may file a vindication lawsuit if he is not satisfied with the distribution of shares of the inheritance. As a rule, such claims very rarely end successfully for the heir.

Important! Please note that the costs of a lawyer, translator, and notary are paid by the inheritor. Currently, the total costs for all procedures are estimated at approximately 2000 euros.

Restrictions on inheritance

Applicants for a share of the property may be rejected for a number of reasons. All of them are regulated by the Civil Code of the Turkish Republic. So, you may be refused if:

1. A crime has been committed against the heirs or the testator.
2. A person interested in receiving a share of the property prevented the drawing up of a will.
3. You are a parent whose parental rights have been terminated.
4. The marriage is not valid.
5. If the heir has not fulfilled his obligations under the Family Code.

Of course, all this must be proven and confirmed by relevant court decisions.

Inheritance tax

The inheritance tax rate in Turkey is not fixed and varies from 1 to 10 percent of the cadastral value of the property. Factors influencing the amount of this tax include:

• geographical location of the property;
• the value of the property (the higher it is, the higher the tax amount).

You must remember that the tax will need to be paid over three years in May and November of each year, that is, a total of 6 payments need to be made.

Tax rates depending on the value of real estate are distributed as follows:

1. 1% - value up to 160,000 Turkish lira (TRY).
2. 3% - from 160,000 to 510,000 TRY.
3. 5% - from 510,000 to 1,280,000 TRY.
4. 7% - from 1,280,000 to 2,780,000 TRY.
5. 10% - more than 2,780,000 TRY.

If we look at the experience of other countries, the introduction of such a system is a rational step.

Conclusion

The right of inheritance for foreigners is an issue that must be approached responsibly. Yes, the rights for citizens of other countries are practically the same as for citizens of Turkey. This also applies to those who want to buy property in Turkey . To successfully inherit an inheritance, foreigners must take into account the legal subtleties described above. Thank you for your attention!