Is a Will Executed Abroad Valid in Turkey? Opening, Annulment of the Will, and Land Registry Transfer

A will executed abroad is not deemed automatically invalid in Turkey solely because it was prepared in a foreign country. The compliance of the will with formal requirements, the testator's testamentary capacity, the applicable law, and the effects of the will on assets located in Turkey must be evaluated together.

There are specific rules regarding the application of Turkish law, particularly concerning real estate located in Turkey. Furthermore, completing the necessary documentation, court, and land registry procedures may be required for a will executed abroad to produce legal effects in Turkey.

For instance, the bequest of an apartment in Turkey to a specific individual in a will executed before a notary in Germany does not, in and of itself, enable that person to be registered directly as the owner in the land registry. The legal effect of the will in Turkey is determined within the framework of the document's content and relevant inheritance law rules.

This article discusses the validity, probate, annulment, reserved portion, reduction (tenkis), and land registry transfer processes of a will executed abroad in Turkey.

Which Law Governs a Will Executed Abroad?

In inheritance disputes containing a foreign element, the applicable law must first be determined. One of the fundamental regulations in this regard is the Code on Private International Law and Procedural Law (MÖHUK) No. 5718.

Pursuant to Article 20 of MÖHUK, inheritance is, as a rule, governed by the national law of the decedent. Turkish law applies to real estate located in Turkey. The same article sets forth separate rules regarding the form of testamentary dispositions and testamentary capacity.

Therefore, the nationality of the testator, where and how the will was executed, the conditions at the time of execution, and the location of the assets comprising the estate are of significant importance.

For example, a person living in France who passes away as a French citizen may have both a bank account in France and real estate in Turkey. While the application of Turkish law comes to the fore regarding the real estate in Turkey, different legal rules may gain significance regarding the assets abroad.

The formal validity of a will and the compliance of its content with the applicable inheritance law rules are not the same issue. The validity of a document in the country where it was drawn up does not mean that all of its provisions will be applied in Turkey without any additional review.

Formal Requirements for a Will Executed Abroad

The fourth paragraph of Article 20 of MÖHUK refers to Article 7 regarding the form of dispositions upon death. Furthermore, the validity of dispositions upon death made in accordance with the national law of the deceased is recognized. Therefore, the form of a will executed in a foreign country must be examined within the framework of the conflict of laws rules applicable to the specific case.

The following matters may be significant in the formal examination:

• The date on which the will was executed and the legal rules in effect at that time,
• Whether the document was signed by the testator,
• Whether the document was required to be prepared in handwriting,
• Whether it was drawn up before a notary public or an authorized authority,
• Whether witnesses were required to be present and the qualifications of the witnesses,
• Whether any subsequent modifications were made to the document,
• Whether the testator had the capacity to make a disposition,
• Whether there are any allegations of mistake, fraud, duress, or undue influence.

Under Turkish law, formal wills, handwritten wills, and, in extraordinary circumstances, oral wills are regulated as valid forms. However, which of these forms a document prepared in a foreign country resembles is not solely determinative. The document must be evaluated in accordance with the applicable law.

The testator's mental capacity and freedom of will may also be examined. Hospital records, notary documents, witness statements, and correspondence may be evaluated as evidence depending on the specifics of the dispute. Advanced age or a subsequently developed illness alone does not prove a lack of testamentary capacity at the date the will was executed.

How is a Foreign Will Opened in Turkey?

Pursuant to Article 595 of the Turkish Civil Code, a will found after the testator's death must be submitted to the magistrate judge, regardless of whether it is valid. Article 596 of the Code regulates the principles regarding the opening and reading of the will to interested parties.

In the process of opening a will executed abroad within Turkey, the competent court must be determined by taking into account international elements and rules of jurisdiction and venue. Prior to the application, the original document, records demonstrating the death of the testator, and other supporting documents must be prepared.

Depending on the specific case, the following documents may be required:

• Death certificate of the testator,
• Original or duly certified copy of the will,
• Identity and citizenship information of the testator,
• Identity and address information of the applicant,
• Information of legal heirs and testamentary legatees, if known,
• Turkish translations of documents in a foreign language,
• Apostille certification or consular legalization when necessary.

The translation and legalization requirements for documents issued in a foreign language may vary depending on the type of document, the country of issuance, and applicable international regulations. An apostille does not prove the accuracy of the document's contents or the material validity of the will; rather, it serves to verify the signature and official capacity under the relevant conditions.

The court may summon known heirs and other interested parties to be present during the opening of the will. After the will is opened, notification is made to the interested parties in accordance with the procedure prescribed by law.

In the event that there are multiple wills, subsequent documents must also be submitted. Since a subsequent will may completely or partially amend the prior disposition, examining only a single document may lead to an incomplete evaluation.

The Difference Between Probate, Validity, and Enforcement of a Will

The opening of a will is the process by which the document is examined by the court and disclosed to the interested parties. This procedure should not be considered a final determination regarding the definitive validity of the will in all respects.

Interested parties may, upon the fulfillment of statutory conditions, request the annulment of the will or the application of abatement (tenkis) for the protection of their forced shares. The legal grounds, parties, and limitation periods for these claims differ from one another.

The bequest of a specific real property to an individual in a will does not necessarily mean that such person is an appointed heir. Depending on the contents of the document, the individual may be an appointed heir or a legatee of a specific bequest. This distinction is crucial in determining the individual's rights and the legal recourse to be pursued.

Comparison of Will Proceedings

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Contesting and Annulment Lawsuits Regarding Foreign Wills

Article 557 of the Turkish Civil Code regulates the legal grounds for the annulment of a post-mortem disposition. These include the testator's lack of testamentary capacity, mistake, fraud, duress or undue influence, unlawfulness or immorality of the content or conditions, and failure to comply with statutory formal requirements.

When evaluating these grounds in foreign wills, the applicable rules of law must also be taken into account. The fact that a document was executed in a foreign country does not mean that every ground for annulment under Turkish law will apply directly and unconditionally.

An annulment action is not the same as the probate (opening) of a will. Raising an objection during the probate of a will does not eliminate the obligation to file a separate lawsuit when necessary.

Statutes of limitations in lawsuits for the annulment of a will

Pursuant to Article 559 of the Turkish Civil Code, the right to file an annulment action must be exercised within one year from the date the plaintiff learns of the disposition, the ground for annulment, and their status as a rightful beneficiary. Furthermore, absolute time limits of ten years against good-faith defendants and twenty years against bad-faith defendants from the date of opening of the wills are prescribed.

How these time limits will apply in a specific case must be determined based on the date of knowledge, the asserted ground for annulment, and the parties to the lawsuit. Due to the preclusive nature of these limitation periods (statutes of limitations), it is crucial to carefully examine notification records and documents evidencing the date of knowledge.

For example, after notification of the will, an heir may obtain medical records suggesting that the testator lacked testamentary capacity during the period when the document was executed. In this case, whether the records cover the relevant period, how the date of knowledge is determined, and the legal basis of the claim are evaluated together.

Reserved Portion and Claim for Reduction

A testator's freedom to dispose of their property is not unlimited. Under Turkish inheritance law, statutory protection of reserved shares (legitime) exists for heirs specified by law. In cases where the reserved share is violated, eligible heirs may request an abatement (tenkis).

Reduction (tenkis) does not mean that the will is automatically and entirely invalid. The purpose is to reduce the disposition exceeding the reserved portion within statutory limits. Therefore, while the will remains valid, it may be subject to a reduction lawsuit due to the infringement of the reserved portion.

The conditions and limitation periods for a reduction claim are governed by Articles 560 et seq. of the Turkish Civil Code. Pursuant to Article 571 of the Code, the right to file a reduction lawsuit is subject to a one-year limitation period starting from the date on which the infringement of the reserved portion is learned, and an overarching ten-year period prescribed by law. The commencement of the overarching period must be determined based on the statutory provision according to the nature of the disposition.

Even if annulment and reduction claims are asserted within the scope of the same lawsuit, their legal grounds and limitation periods must be evaluated separately. The scope of the estate, liabilities, prior donations, the value of the real property, and the status of heirs entitled to a reserved portion are significant in the examination.

Title Deed Transfer of Real Estate in Turkey

The leaving of a real property located in Turkey to a specific person in a will executed abroad does not automatically create a change in the land registry. It must be determined to whom and on what legal ground the real property will pass, the necessary documents must be completed, and land registry procedures must be executed.

Depending on the specifics of the case, the following matters are reviewed:

• Current land registry record of the real property, block and parcel information,
• Death and identity records of the decedent,
• Certificate of inheritance or the necessary court decision demonstrating entitlement,
• Originals, translations, and, if required, attestations of the will and foreign documents,
• Mortgages, attachments, annotations, and other encumbrances on the real property,
• Whether there is a dispute among the heirs or legatees,
• Fulfillment of relevant tax obligations.

Even if a will leaves real property to a specific person, in the event of a dispute regarding entitlement, the land registry office does not resolve such a dispute through litigation. Depending on the status of the file, a court order or other documents may be required.

Inheritance-based transfer must also be distinguished from subsequent sales, share transfers, or partition proceedings. First, entitlement is determined by inheritance or will; subsequent transfer procedures are carried out in accordance with their own legal conditions.

Taxation and Preparation of Foreign Documents

The inheritance-based transfer of real property located in Turkey may give rise to inheritance and transfer tax obligations. The filing deadline may vary depending on statutory criteria such as the country where the death occurred and the location of the taxpayers. Therefore, deadlines must be verified based on the specific circumstances of each case.

An apostille or consular legalization may be required for a death certificate, notary document, or court order obtained from a foreign country. Subsequently, a Turkish translation of the document and, if necessary, translation approval are prepared. It should not be assumed that the same legalization sequence applies to every document.

In proceedings concerning a foreign will in Turkey, the inability to locate the original document, incomplete legalization, translation errors, the inability to determine heirs' addresses, or the failure to clarify the content of foreign law may prolong the process. It is advisable to check the document requirements of the relevant court and institution prior to application.

The Process with a Concrete Example

Suppose an individual residing in Italy executes a will leaving their summer house in Turkey to their nephew and subsequently passes away. The nephew obtains the will and the death registration, completes the necessary translation and legalization procedures, and initiates the required proceedings before the competent Turkish court.

If one of the heirs claims that the testator lacked testamentary capacity at the time the document was executed, this allegation is evaluated separately from the opening of the will. If another heir believes that their reserved portion has been violated, they may consider filing an action for reduction (tenkis).

Provided there is no dispute and all documents evidencing entitlement are completed, the necessary application for land registry transfer may be made. However, the path to be followed depends on the content of the will and the rules applicable to the specific case.

Precedent Decisions and Legal Evaluation

Judicial precedents may be significant regarding the form of wills executed abroad, the applicable law, and claims for annulment and reduction. Nevertheless, citing a specific precedent as binding without verifying the full text, docket and decision numbers, and official access link of the decision may be misleading.

Therefore, this article does not provide a specific precedent decision number, as there is no verified citation of a decision directly addressing the validity of a foreign will in Turkey and land registry transfer. The full text of the decisions to be used in a specific dispute and their similarity to the case must be separately examined.

Frequently Asked Questions

Is a will executed before a notary abroad automatically valid in Turkey?

No. The fact that it was executed before a notary may be important; however, validity is evaluated based on the applicable law and the conditions under which the document was executed. The completion of necessary judicial and administrative procedures may also be required for it to produce legal effects in Turkey.

How long does it take to probate a foreign will in Turkey?

The duration depends on the court's workload, the identification of interested parties, the completion of service of process, and the proper submission of foreign documents. It is not possible to provide a definitive timeframe without reviewing the file.

Once a will has been opened and read, can a will contest (annulment action) no longer be filed?

The reading of the will does not automatically eliminate the right to file an annulment action. Grounds for annulment, the right to sue, and statutory limitation periods must be evaluated separately.

If a residential property in Turkey is left to me in the will, can I immediately transfer the title deed into my name?

The existence of the will alone may not be sufficient. It is necessary to complete the documents evidencing entitlement, perform the required judicial proceedings, and fulfill the conditions for land registry applications.

Is a foreign court judgment sufficient for a title deed transaction in Turkey?

It is not sufficient in every case. The type of judgment, its finality, whether it requires recognition or enforcement in Turkey, and the location of the immovable property in Turkey must be evaluated together. A foreign judgment does not automatically amend the land registry in every case.

If a will violates the reserved portion, does it become entirely invalid?

Not always. A violation of the reserved portion may be subject to an action for reduction (tenkis) if the conditions are met. The annulment of a will and an action for reduction are distinct legal claims.

Does an apostille endorsement prove the validity of a will?

No. An apostille serves to verify the signature and capacity of the official on a public document within the scope of the conditions set forth in relevant international regulations. It does not, by itself, prove the testamentary capacity of the testator or the applicability of the document's content.

Legislation and Official Sources

• Law on Private International Law and Procedural Law No. 5718
• Turkish Civil Code No. 4721
• Hague Conference on Private International Law – Apostille Convention
• Apostille Convention contracting states and entry into force information
• Ministry of Justice – Legislation and provisions of the Turkish Civil Code
• Ministry of Justice – Precedent information system
• Revenue Administration – Inheritance and gift tax information
• General Directorate of Land Registry and Cadastre – Land Registry Transactions

Related Legal Content

• Inheritance Rights of Foreign Nationals in Turkey
• Other legal articles and current legislative evaluations

Author Information

Atty. Batın Yılmaz
Istanbul Bar Association Bar Registry No: 77008

Information and compliance with professional rules: This content has been prepared for general legal informational purposes and does not constitute a legal opinion or guarantee of outcome regarding a specific case. Regulations concerning the Union of Turkish Bar Associations Professional Rules and the prohibition of attorney advertising must be observed while preparing this content.

Contact Information

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