Estate planning in Istanbul, Turkey has become increasingly important for both local residents and foreign nationals seeking to protect their wealth, reduce legal risks, and guarantee a smooth transfer of assets to future generations. As economic activity grows and Istanbul continues to serve as a global hub for investment, strategic estate planning is no longer optional—it is essential.
At Akkas & Associates Law Firm, we have been advising clients on estate planning, wills, probate procedures, and asset protection since 1992. Our multilingual legal team ensures that clients receive clear, reliable, and fully compliant legal guidance tailored to Turkish laws.
Table of Contents
- What Is Estate Planning in Turkey?
- Why Estate Planning Matters in Istanbul in 2025
- Working with an Istanbul Estate Planning Lawyer
- FAQs on Estate Planning in Istanbul, Turkey
- 1. Does a foreign will automatically cover my property in Turkey?
- 2. What happens if I die without a will in Turkey?
- 3. Who are the 'statutory heirs' and what is the 'reserved portion' (saklı pay)?
- 4. Are there inheritance taxes in Turkey for foreigners?
- 5. Can I disinherit someone in a Turkish Will?
- 6. Where can I find the official Turkish Civil Code?
- Contact Our Istanbul Estate Planning Lawyers
What Is Estate Planning in Turkey?
Estate planning refers to the legal steps taken to manage a person’s assets during their lifetime and determine how those assets will be distributed upon death. In Istanbul, estate planning includes will preparation, inheritance agreements, property structuring, tax planning, and minimizing potential disputes between heirs.
Due to the complexities of the Turkish Civil Code—especially regarding forced heirship rules—proper planning is crucial to prevent unexpected outcomes.
Why Estate Planning Matters in Istanbul in 2025
The year 2025 presents unique challenges and opportunities for those investing and living in Istanbul. Rising real estate values, increased foreign ownership, and evolving global mobility trends have made estate planning a key part of long-term financial stability.
Some of the most common reasons clients come to us include:
- Protecting family assets from disputes
- Ensuring children receive their lawful share
- Structuring real estate and investment portfolios
- Preparing wills that comply with Turkish inheritance rules
- Avoiding delays or legal issues during probate
- Minimizing tax exposure for heirs
Our Istanbul inheritance lawyers provide comprehensive services to help clients achieve these goals.
Why Estate Planning in Turkey is Crucial
Turkey’s legal system, particularly regarding inheritance and succession, has distinct rules that differ significantly from those in many Western countries. Without a valid and correctly drafted Turkish will or comprehensive estate plan, your Turkish assets will be subject to the mandatory statutory distribution rules, known as legal inheritance shares (or miras hisseleri). These rules dictate specific portions of the estate that must go to certain heirs, regardless of the deceased’s personal wishes.
- Protecting Your Wishes: An estate plan ensures your specific intentions regarding asset distribution are legally binding.
- Minimizing Disputes: Clear documentation drastically reduces the potential for costly and emotional family disputes.
- Tax Efficiency: While Turkey does not have an estate tax, proper planning ensures compliance with all local fiscal requirements.
Understanding the Turkish Inheritance System
The Turkish Civil Code (TCC) governs inheritance matters. It applies the principle of unity of succession, meaning the law of the deceased person’s nationality generally determines the inheritance of movable assets (like bank accounts or vehicles). However, the law of the location of the property (lex situs) applies to immovable assets (like real estate). For most foreigners, this means:
- Immovable Property (Real Estate): Turkish law will govern the inheritance of your apartment or house in Istanbul.
- Movable Property (Bank Accounts, etc.): Your national law generally applies.
This dual system makes professional legal guidance from an Istanbul-based law firm, like Akkas & Associates, indispensable. We help bridge the gap between your home country’s laws and the requirements of the Turkish system.
Key Components of a Turkish Estate Plan
A robust estate plan in Turkey typically involves several crucial steps and legal documents.
1. Drafting a Valid Turkish Will
The most effective way to control the distribution of your Istanbul assets is by executing a valid Turkish Will (vasiyetname). Under Turkish law, there are three primary types of wills:
- Official Will: Executed before a notary public or a peace court judge. This is the most secure method.
- Holographic Will: Written entirely in the testator’s own handwriting, dated, and signed.
- Oral Will: Only permissible in extraordinary circumstances (e.g., imminent danger of death).
Important Note on Bequests: Even with a will, Turkish inheritance law protects the reserved portion (saklı pay) of certain statutory heirs (descendants, parents, and sometimes siblings). A will cannot deprive these individuals entirely of their legal minimum share of the estate. Professional legal review is vital to ensure your will complies with these mandatory portions.
2. Appointing an Executor or Administrator
In Turkey, the process of transferring assets is called probate (or tereke intikal işlemleri). You can designate an executor (vasiyetin tenfizi memuru) in your Turkish will. This individual or legal entity, often a law firm, is responsible for:
- Collecting the deceased’s assets.
- Paying any outstanding debts.
- Distributing the remaining estate to the beneficiaries as per the will.
This appointment can significantly streamline the inheritance process for your family.
3. Power of Attorney (PoA)
While not strictly part of the inheritance process, a valid, comprehensive Power of Attorney (PoA) (vekâletname) is a critical preparatory tool.
- A PoA, executed at an Istanbul Notary Public, can empower a trusted person (or your legal counsel) to manage your assets, pay bills, and handle legal matters should you become incapacitated.
- It ensures your financial life can continue smoothly without requiring immediate court intervention.
The Probate Process for Foreigners in Istanbul
After a death, the beneficiaries must obtain a Certificate of Inheritance (mirasçılık belgesi). This document officially establishes who the legal heirs are.
- Application: Heirs must apply to a Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi).
- Required Documentation: This typically includes the death certificate (apostilled/legalized) and proof of kinship.
- Validation of Foreign Will: If a foreign will exists, it must be legalized, translated, and then recognized and validated by the Turkish courts through a recognition and enforcement action. This process can be lengthy.
For detailed information on the post-death procedures, you may find our article on Probate & Inheritance in Turkey helpful.
Real Estate and Property Transfers
Transferring title for real estate in Istanbul requires submitting the Certificate of Inheritance (or validated will) to the Land Registry and Cadastre Directorate (Tapu Müdürlüğü). The property cannot be legally sold or transferred until this essential step is completed.
Furthermore, the heirs must also declare the inherited assets to the Turkish Tax Office to ensure compliance with the Inheritance and Transfer Tax (Veraset ve İntikal Vergisi).
Working with an Istanbul Estate Planning Lawyer
A professional estate planning lawyer ensures that every document complies with Turkish Civil Code requirements. At Akkas & Associates, we assist clients with:
- Drafting and notarizing wills
- Creating inheritance agreements
- Protecting assets from potential claims
- Preventing conflict among heirs
- Providing tax-efficient strategies
- Advising on dual citizenship or foreign residency challenges
Our experience ensures that clients receive practical, accurate, and legally enforceable solutions.
FAQs on Estate Planning in Istanbul, Turkey
1. Does a foreign will automatically cover my property in Turkey?
No. While a foreign will may be recognized, it must first undergo a rigorous recognition and enforcement process in a Turkish Civil Court. It is highly recommended to have a separate Turkish will specifically for your immovable assets in Turkey to avoid significant delays.
2. What happens if I die without a will in Turkey?
If you die intestate (without a valid Turkish will), your assets will be distributed strictly according to the statutory rules of the Turkish Civil Code, regardless of any wishes you may have expressed verbally or in a non-Turkish document.
3. Who are the ‘statutory heirs’ and what is the ‘reserved portion’ (saklı pay)?
Statutory heirs are defined by Turkish law and include descendants (children, grandchildren), parents, and the surviving spouse. The reserved portion is the minimum share of the estate that these heirs are legally entitled to and cannot be excluded from by a will.
4. Are there inheritance taxes in Turkey for foreigners?
Turkey does not levy an estate tax, but it does impose an Inheritance and Transfer Tax (Veraset ve İntikal Vergisi). The tax rate is progressive, depending on the value of the inherited assets, and is generally quite low compared to many other countries. This tax must be paid before assets can be officially transferred.
5. Can I disinherit someone in a Turkish Will?
Disinheritance (mirasçılıktan çıkarma) is only possible under very strict conditions defined by the TCC, such as committing a serious crime against the testator or their close relatives, or failing to fulfill significant family obligations. It is a highly complex legal step that requires specialized legal drafting.
6. Where can I find the official Turkish Civil Code?
The full text of the Turkish Civil Code (Law No. 4721) is the primary source of inheritance law. It can be found on the official website of the Turkish Parliament (in Turkish) or via various legal databases such as the T.C. Resmi Gazete (Official Gazette). [External Link: T.C. Resmi Gazete] For general legal structure, you might reference official government sites like the Turkish Ministry of Justice. [External Link: Turkish Ministry of Justice]
7. What is the role of a notary in a Turkish Will?
A notary’s role is crucial in creating an Official Will. They ensure the testator is mentally capable, the document is drafted correctly, and they register the will in their official records, making it difficult to challenge on technical grounds. Always use a licensed, reputable notary.
Contact Our Istanbul Estate Planning Lawyers
If you need assistance with estate planning in Istanbul, asset structuring, will preparation, or inheritance procedures, our experienced legal team is ready to help. We provide clear, reliable, and multilingual guidance to protect your family’s future.
For professional estate planning guidance in Istanbul, Turkish inheritance procedures, and personalized legal strategies for asset protection, contact Akkas & Associates Law Firm today.
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