TURKISH INHERITANCE AND PROBATE
We provide professional support to our local and foreign clients to reach the inheritance of their families in the shortest way possible. In particular, our foreign clients are very concerned about the achievement of shared and inherited in Turkey.
Inheritance is subject to the national law of the deceased; Turkish law applies immovable heritage in Turkey; In matters related to the opening, acquisition, and division of the inheritance, the law of the location of the inheritance is applied.
In Turkish Inheritance Law, a dual distinction has been made in terms of the law applicable to inheritance. If the person who died no immovable property in Turkey, the demand for real estate and transactions related to these will need to be applied to Turkish law. At this point, the nationalities of the heirs or the inheritance are not taken into consideration. For example, when a person dies the father of Italian citizens with Italian citizens like himself, after being sued for the acquisition of immovable heritage in Turkey, Turkish law is the law to be applied. In the movable inheritance of the deceased person (car, money in the bank), the applicable law is the national law of the inheritance. The case even in matters relating to inheritance is turned on in Turkey these people moved to the citizens of the country will be established according to the provisions of that law.
Another important issue regarding inheritance is the issuance of probate. The probate of inheritance is a document that helps people to prove that they are inheritors and to save the property and rights in the estate of the inheritance. The probate of inheritance is valid until proven otherwise, it does not qualify as a final court decision. As a matter of fact, it can always be claimed by the concerned that the information in the certificate of inheritance is not correct, and may be requested to be canceled and corrected. This quality of the inheritance probate results in the fact that it cannot be subject to recognition and enforcement.
If the conditions exist, it is possible for a foreign natural person or persons who have been removed from Turkish citizenship to request a certificate of inheritance. In addition, there is no provision in the Turkish Civil Code that prevents giving a certificate of inheritance to a person who has left a foreign inheritance.
With regard to immovable property in Turkey on the implementation of the mandatory provisions of Turkish law. However, if the inheritor is a Turkish citizen and the inheritors are citizens of a foreign state, the certificate of inheritance must be requested from Turkish courts, in which case Turkish Law is applied. However, at the point of transferring the inheritance to the foreign heir, the condition of reciprocity should be sought between the law of the country to which the heir is subject and Turkish Law. As a matter of fact, the passage and opening of the inheritance is determined according to the provisions in force on the date of death of the inheritance. In the event that the inheritance is a foreign citizen at the date of death or his heirs are foreign citizens; date of death among foreign governments and Turkey in terms of whether there is reciprocity immovable. If legal or de facto reciprocity must be rejected if there is no demand among foreign governments and Turkey. The important point is to determine whether there is a reciprocity situation based on the date of passage of the inheritance to the inheritors.
To summarize, we as Golden Horn Law, support our clients in the field of inheritance by basing the legal service on Turkish Law and International Private Law legal regulations.
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