If a foreigner wants to leave a will in Turkey, it is important to consider that it must comply with Turkish inheritance law. Turkish law provides for a guaranteed share (saklı pay) for certain categories of heirs, regardless of the contents of the will. Such heirs include children, spouses and parents. Legal heirs not mentioned in the will may apply to the court for their share of the inheritance. Brothers and sisters are not entitled to a guaranteed share.
Inheritance in Turkey in the absence of a will
1. If there is a spouse and children:
- 1/4 of the estate is received by the spouse
- 3/4 is divided between the children.
2. If no children:
- 1/2 of the estate is received by the spouse
- 1/2 is divided between parents (if no parents, then between brothers and sisters)
3. If there are no children and parents:
- 3/4 of the estate is received by the spouse
- 1/4 is divided between the grandmother and grandfather of the deceased and their children (uncle, aunt)
4. If there are no other relatives besides the spouse:
- All inheritance goes to the spouse.
5. If there are no relatives and spouse:
- The whole estate goes to the state.
Given these features, it is important to carefully consider the drafting of a will in Turkey to avoid possible legal disputes.