Will, Inheritance and Testamentary Transactions Lawyer in Istanbul, Turkey

Understanding Wills and Inheritance Under Turkish Law

The main legislation governing succession in Türkiye is the Turkish Civil Code (Türk Medeni Kanunu), Law No. 4721.

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The rules cover much more than the preparation of a will. They address who becomes an heir, the shares of heirs, reserved shares, testamentary dispositions, inheritance agreements, disinheritance, rejection of inheritance and other succession-related matters.

 

The official text of the Turkish Civil Code can be accessed through the Turkish Legislation Information System, which is maintained by the Turkish Ministry of Justice.

 

In a practical inheritance matter, some of the first questions are usually:

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• Who are the legal heirs?

• Was there a will?

• What type of will was made?

• Was it prepared and signed in the legally required form?

• Did the person have testamentary capacity?

• Are any heirs protected by reserved-share rules?

• Are there debts as well as assets?

• Does the estate include real estate in Istanbul or elsewhere in Türkiye?

• Are some heirs living abroad?

• Are foreign assets involved?

• Does inheritance tax need to be paid?

• Is there disagreement between the heirs?

 

The answers can be different from one family to another.

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Will Lawyer in Istanbul, Turkey

A will, known in Turkish as a vasiyetname, allows a person to make testamentary arrangements concerning their estate within the limits established by law.

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A will can be particularly useful where a person has a clear idea about how they would like their property to be dealt with. But a will should not be viewed as a document that automatically overrides Turkish inheritance law.

 

For example, someone may wish to leave a particular Istanbul apartment to one child. Whether that arrangement can operate exactly as intended may depend on the person's spouse, children, other heirs, reserved shares and the value and composition of the entire estate.

 

That is why good will planning starts with understanding the family and the assets—not simply filling out a document.

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What Can a Turkish Will Address?

Depending on the circumstances and the limits imposed by Turkish law, a will may deal with matters such as:

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• appointing heirs;

• leaving specific assets or rights to particular people;

• making testamentary gifts;

• expressing wishes concerning particular property;

• making charitable dispositions;

• making other legally permissible testamentary arrangements.

 

The wording matters.

 

A sentence that appears clear in everyday language can have a different legal effect when it is interpreted under inheritance law. For substantial estates, particularly those involving property or international family members, professional review can help avoid ambiguity.

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Types of Wills Recognised in Türkiye

Turkish law provides different forms of wills. Their formal requirements are not interchangeable.

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Official Will

An official will (resmî vasiyetname) is prepared according to statutory formalities before the competent official authority, with the required witnesses and other safeguards where applicable.

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For many people, an official will offers a formal way to document their intentions.

 

A foreign national preparing a will in Istanbul may also need to consider issues such as identity documents, language, interpretation and the relationship between Turkish succession rules and the law of another country.

 

The appropriate procedure should be considered before the document is executed.

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Handwritten Will

Turkish law also recognises a handwritten will (el yazılı vasiyetname) when the statutory requirements are fulfilled.

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This is more than simply writing down what you would like to happen to your property.

 

Questions can arise about:

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• who wrote the document;

• whether it is entirely handwritten where required;

• the date;

• the signature;

• testamentary capacity;

• later amendments;

• revocation;

• authenticity.

 

A handwritten document that does not satisfy the legal requirements can become the subject of a dispute after death.

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Oral Will

Turkish law also contains provisions concerning an oral will (sözlü vasiyetname) in exceptional circumstances.

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It is not intended to be an everyday substitute for a written will. Its use depends upon circumstances specifically recognised by law and additional formal requirements.

 

Where an oral testamentary declaration is involved, the circumstances should be reviewed promptly by a lawyer.

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Who Can Make a Will in Türkiye?

Testamentary capacity is an important part of succession law.

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The person making a will must have the capacity required by Turkish law at the time the will is made.

 

This can become particularly important where the testator is elderly, seriously ill or experiencing circumstances in which relatives may later question their understanding or decision-making.

 

A later challenge may ask whether the person understood:

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• that they were making a will;

• the nature of the property involved;

• the people who might ordinarily inherit;

• the consequences of their decisions;

• the significance of the testamentary document.

 

For that reason, succession planning is generally easier when it is undertaken while the person's wishes and capacity are clear.

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Can You Leave Everything to Anyone You Choose?

This is one of the most common questions about Turkish wills.

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The short answer is: not always.

 

Turkish inheritance law protects certain heirs through the concept of a reserved share (saklı pay).

 

A person has testamentary freedom, but that freedom is not unlimited.

 

This becomes especially relevant when someone wants to:

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• leave everything to one child;

• exclude a child;

• leave substantial property to a spouse;

• leave property to a friend or partner;

• make a major gift to a charity;

• favour one heir over another.

 

The family structure and value of the estate need to be considered before determining how much of the estate can actually be disposed of freely.

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Reserved Shares Under Turkish Inheritance Law

The reserved share (saklı pay) is a protected portion of an inheritance belonging to certain heirs under Turkish law.

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This means that a person's testamentary wishes may be subject to legal limits even when the will itself is properly executed.

 

If a testamentary disposition exceeds the part of the estate that the testator could freely dispose of, a protected heir may have legal remedies, including a potential reduction action (tenkis davası).

 

This is why it is risky to look only at the wording of a will without calculating the underlying inheritance shares.

 

The official Turkish Civil Code sets out the statutory framework governing succession, including provisions concerning reserved shares.

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Disinheritance in Turkey

A person cannot simply remove a protected heir from an inheritance by writing “I leave nothing to this person.”

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Turkish law has specific provisions concerning disinheritance (mirasçılıktan çıkarma).

 

Whether a disinheritance is effective can depend on the statutory ground, the wording of the testamentary disposition and the facts supporting it.

 

Where a client is considering excluding an heir, the question should therefore be approached carefully. The aim should be to create an arrangement that reflects the client's wishes while respecting the legal framework.

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Inheritance Lawyer in Istanbul, Turkey

When someone dies, the legal work often begins rather than ends.

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The family may need to establish who the heirs are, identify the estate, deal with debts, pay applicable taxes and transfer property and other assets.

One of the key documents in this process is the certificate of inheritance (mirasçılık belgesi / veraset ilamı).

 

The Turkish Revenue Administration explains that a certificate of inheritance may be obtained from the competent Civil Court of Peace or, where legally available, from a notary. The Administration also provides information about inheritance-related tax obligations on its official website. (Gelir İdaresi Başkanlığı)

 

For online government services, e-Devlet provides a number of inheritance and judicial services, including services relating to certificates of inheritance and wills handled through the courts.

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What Is a Certificate of Inheritance?

A certificate of inheritance identifies the heirs and their respective inheritance shares.

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It is often needed when dealing with:

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• Turkish real estate;

• bank accounts;

• vehicles;

• company shares;

• securities;

• tax matters;

• other registered assets.

 

It does not necessarily settle every disagreement within a family.

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A certificate may establish who the heirs are while separate proceedings may still be necessary concerning a disputed will, reserved share, lifetime transfer, inheritance waiver or another issue.

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Inheriting Property in Istanbul

Istanbul property frequently forms a substantial part of an estate.

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An inheritance may include:

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• an apartment;

• a villa;

• commercial property;

• land;

• investment property;

• agricultural property;

• development land;

• other registered immovable property.

 

The inheritance of a property is not simply a matter of changing the name on a title deed.

 

The heirs may need to consider the certificate of inheritance, tax obligations, title registration, mortgages or other encumbrances, the number of heirs and whether the property will ultimately be retained, divided or sold.

 

The General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü) publishes official information about Turkish land registry procedures.

Its Web Tapu system also provides electronic land-registry services.

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What Happens to a House in Istanbul After Someone Dies?

The answer depends on the circumstances of the estate.

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In broad terms, the legal heirs succeed to the deceased person's estate according to the applicable inheritance rules. The practical administration of the property may then involve:

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1. establishing the heirs;

2. obtaining the necessary inheritance documentation;

3. addressing inheritance tax;

4. registering the inheritance where required;

5. dealing with any mortgage or other encumbrance;

6. determining whether the property will be retained, divided or sold.

 

If there are several heirs, the ownership structure can become more complicated.

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A disagreement about whether to sell the property, how to divide its value or who should use it can turn an otherwise straightforward inheritance into a dispute.

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Inheritance Tax in Turkey

Inheritance can have tax consequences.

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The Inheritance and Transfer Tax (Veraset ve İntikal Vergisi) applies to qualifying transfers by inheritance and certain transfers without consideration.

 

The Turkish Revenue Administration provides current information about the tax, exemptions, declaration requirements and rates.

 

For 2026, the Revenue Administration states that the inheritance tax rates begin at 1% for the first TRY 3,000,000 of the taxable inheritance and rise progressively to 10% for the portion exceeding TRY 55,000,000.

 

For 2026, the Revenue Administration also lists an inheritance exemption of TRY 2,907,136 for the inheritance share of each child and spouse, with a separate TRY 5,817,845 exemption where the spouse is the sole heir.

 

The figures are year-specific. Anyone administering an estate should therefore check the current information published by the Turkish Revenue Administration (Gelir İdaresi Başkanlığı) rather than relying on an older article or calculation.

 

The Revenue Administration has also published a 2026 guide for heirs' tax obligations, making its official publications and guides a useful reference for current procedures.

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Does an Inheritance Tax Return Have to Be Filed?

An important point is that the obligation to file a declaration does not simply disappear because the inherited assets fall below the exemption threshold.

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The Revenue Administration specifically states that, for transfers by inheritance, a declaration is required even where the total value of the inherited assets is below the applicable exemption amount.

 

The timing and procedure should be checked for the particular estate.

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Foreigners and Inheritance in Istanbul

Istanbul has a large international community, and inheritance matters involving foreign nationals can look very different from a purely domestic Turkish estate.

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For example, a foreign resident may own:

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• an apartment in Istanbul;

• a Turkish company;

• a Turkish bank account;

• a vehicle;

• investments;

• property in another country;

• assets inherited from another jurisdiction.

 

Their spouse or children may live outside Türkiye.

 

That immediately raises additional questions.

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Which country's law applies?

Citizenship, habitual residence, the location of the asset and other connecting factors can matter.

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Is a foreign will recognised?

A will prepared abroad should be reviewed under the applicable Turkish private international law rules and any relevant international arrangements.

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What happens to Turkish real estate?

The inheritance of Turkish real estate can require Turkish procedures even where the deceased and heirs are foreign nationals.

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What documents are required?

Foreign civil-status and inheritance documents may need appropriate authentication, apostille treatment and Turkish translation, depending on the document and the procedure.

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For information concerning Türkiye's international legal framework, the Ministry of Justice provides official resources concerning judicial and international legal matters.

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International Wills and Cross-Border Estates

A person with assets in several countries should be careful about assuming that one will automatically solve every succession issue.

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Consider someone who:

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• lives in Istanbul;

• owns an Istanbul apartment;

• operates a Turkish company;

• maintains investments in another country;

• has children living in Europe;

• has a spouse from another jurisdiction;

• already has a foreign will.

 

Their estate is not simply a Turkish inheritance matter.

 

The Turkish aspects may need to be coordinated with the laws of other countries.

 

That can involve reviewing:

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• an existing foreign will;

• marital status;

• family relationships;

• Turkish property;

• foreign property;

• company ownership;

• bank assets;

• applicable international rules;

• tax consequences.

 

The right question is often not simply “Do I need a Turkish will?”

 

It is:

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“How will each part of my estate be dealt with when I die?”

 

That broader question can reveal problems that would otherwise remain hidden until after death.

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Testamentary Transactions Lawyer in Istanbul

Testamentary transactions go beyond ordinary will drafting.

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Depending on the circumstances, succession planning may involve:

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• wills;

• inheritance agreements;

• testamentary gifts;

• appointment of heirs;

• inheritance waivers;

• rejection of inheritance;

• disinheritance;

• reserved shares;

• estate administration;

• inheritance-related property transfers;

• reduction claims;

• disputes over testamentary documents.

 

These instruments do not all have the same legal effect.

 

A person should therefore choose the legal mechanism according to the objective they are trying to achieve.

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Inheritance Agreements in Turkey

An inheritance agreement (miras sözleşmesi) is different from an ordinary will.

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It has a contractual character and therefore needs to be considered under the specific provisions governing inheritance agreements.

 

This can be relevant where family members want to make a structured arrangement concerning future succession.

 

The legal consequences depend on the terms of the agreement and the circumstances of the parties.

 

Anyone considering such an arrangement should understand its consequences before signing it, particularly where significant property or business interests are involved.

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Renunciation and Rejection of Inheritance

The words “waiver,” “renunciation” and “rejection” are sometimes used interchangeably in everyday conversation, but Turkish inheritance law distinguishes between different legal mechanisms.

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Rejection of Inheritance

Mirasın reddi, or rejection of inheritance, can be particularly important where the deceased left significant liabilities.

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An estate may contain:

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• loans;

• tax debts;

• guarantees;

• enforcement proceedings;

• business liabilities;

• contractual debts.

 

An heir should therefore look at both sides of the balance sheet before deciding what to do.

 

The statutory requirements and time limits are important. Someone who believes that an inheritance may carry substantial debts should seek advice without delay.

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Renunciation of Inheritance

Mirastan feragat, or renunciation of inheritance, is a separate legal mechanism that may form part of succession planning.

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Its legal effect depends upon the arrangement and the circumstances in which it is made.

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Because these decisions can affect both the person making the arrangement and other family members, they should not be treated as routine paperwork.

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Can a Will Be Challenged in Turkey?

Yes.

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A will can become the subject of a dispute where an interested person believes there is a legal reason why it should not operate as written.

 

Depending on the circumstances, a dispute may concern:

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• lack of testamentary capacity;

• failure to comply with formal requirements;

• forgery;

• fraud;

• coercion;

• improper influence;

• mistake;

• unlawful provisions;

• infringement of reserved shares;

• defective disinheritance;

• a later will;

• revocation.

 

The evidence can be just as important as the legal argument.

 

Documents, witnesses, medical evidence where relevant, notarial records, handwriting evidence and correspondence may all become significant depending on the nature of the dispute.

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What Is a Tenkis Action?

A tenkis davası is generally understood as a reduction action concerning testamentary or other dispositions that infringe a protected reserved share.

It is important not to confuse this with saying that the entire will is invalid.

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A will may have been properly executed while a particular disposition still exceeds the part of the estate that the testator could freely dispose of.

 

In such a case, the legal issue may be the reduction of the relevant disposition rather than cancellation of the entire will.

 

The exact calculation depends on the family structure, estate and applicable legal provisions.

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Challenging the Validity of a Will

A separate issue arises where someone argues that the will itself is invalid.

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For example, the claimant may allege that:

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• the testator lacked the necessary capacity;

• the statutory formalities were not followed;

• the signature is not genuine;

• the testator was coerced;

• the document resulted from fraud or mistake;

• the testamentary act otherwise fails to meet legal requirements.

 

The appropriate court action and evidence depend on the facts.

 

Because inheritance disputes can involve strict procedural issues, obtaining legal advice early can be important.

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Finding and Opening a Will in Turkey

After a death, relatives may not know whether the deceased made a will or where it was deposited.

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The Turkish e-Government system provides a service for searching wills opened by Civil Courts of Peace.

 

The official e-Devlet “Wills Opened by Civil Courts of Peace” service can be used by eligible users.

 

The broader e-Devlet judicial services also provide access to various official court-related services.

 

Finding a will, however, is only the beginning. The document may still need to be examined to determine its legal effect.

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Estate Administration After Death

An inheritance matter can involve many different types of assets.

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Real Estate

Istanbul apartments, villas, commercial properties and land may require title and tax procedures.

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The Land Registry and Cadastre General Directorate provides official information concerning Turkish land registration.

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Bank Accounts

The deceased may have bank accounts, deposits or other financial assets that need to be identified and dealt with by the heirs.

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Vehicles

Vehicles form part of an estate and may require inheritance-related registration procedures.

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Company Shares

Where the deceased owned shares in a Turkish company, succession can intersect with Turkish company law, corporate records and the company's constitutional documents.

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The Ministry of Trade provides official information concerning Turkish commercial and company law, while the Central Registry Record System (MERSİS) is used for various company-registration processes.

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Debts and Court Proceedings

An estate may also involve debts, claims or ongoing litigation.

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The UYAP judicial information system and relevant e-Devlet judicial services can be useful official resources for certain court and enforcement-related information.

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Inheritance Disputes Within Families

Inheritance disputes are rarely just about money.

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They can involve years of family history, different expectations and deeply personal disagreements.

 

Common disputes include:

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• one child receiving more than another;

• disagreement about an Istanbul property;

• allegations that a parent was pressured into making a will;

• claims that assets were transferred before death;

• disagreement over the validity of a will;

• reserved-share claims;

• disputes over family businesses;

• allegations that assets have been concealed;

• disagreement over debts;

• disputes between heirs living in different countries.

 

A calm legal assessment can sometimes prevent a disagreement from becoming unnecessarily destructive.

 

Where settlement is realistic, negotiation or another appropriate dispute-resolution process may be preferable to prolonged litigation.

 

Where a court case is necessary, the claim should be based on the actual legal issue rather than simply on the fact that an heir is unhappy with the deceased's wishes.

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Inheritance and Family Businesses

Succession planning deserves particular attention when a person owns a business.

 

A business owner may want:

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• particular family members to inherit shares;

• experienced managers to continue running the company;

• the business to remain operational;

• ownership to be divided fairly;

• certain family members to receive value without becoming shareholders;

• disputes between heirs to be avoided.

 

A will may form part of the solution, but it may not be enough by itself.

 

The succession plan may also need to take account of:

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• company structure;

• shareholder arrangements;

• articles of association;

• management;

• existing contracts;

• financing;

• intellectual property;

• real estate;

• tax considerations.

 

The Turkish Commercial Code legislation and official information provided by the Ministry of Trade should be considered alongside the specific circumstances of the business.

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Estate Planning for Foreigners Living in Istanbul

Foreign residents in Istanbul often have a more complicated estate than they initially realize.

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Someone may have a Turkish residence, a Turkish company and Turkish property while maintaining their principal family relationships and financial assets abroad.

 

A succession plan may therefore need to coordinate several jurisdictions.

Before preparing or changing a will, it can be useful to identify:

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Family

Who is married? Who are the children? Are there children from earlier relationships? Where do the family members live?

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Assets

What does the person own in Türkiye? What is located abroad?

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Existing Documents

Is there already a will, inheritance agreement, trust, marital agreement or other succession document?

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Business Interests

Does the person own shares in a Turkish company or another business?

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Property

Are there apartments, houses, land or commercial properties in Istanbul?

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Debts

Are there loans, guarantees, mortgages or other liabilities?

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These questions can make the difference between a succession plan that looks good on paper and one that actually works.

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Documents Commonly Needed for Turkish Inheritance Matters

The exact documents depend on the case, but an inheritance matter may involve:

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• death certificate;

• passport or identity card;

• Turkish identity records;

• family registry records;

• marriage certificate;

• birth certificates;

• divorce judgments;

• certificate of inheritance;

• will;

• inheritance agreement;

• title deeds;

• bank records;

• company records;

• vehicle registration;

• insurance documents;

• tax documents;

• loan records;

• court documents;

• powers of attorney;

• foreign civil-status documents;

• apostilles or legalization;

• sworn Turkish translations.

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Foreign documents should not automatically be assumed to be acceptable in their original form. The requirements can depend on the country of origin, the type of document and the Turkish authority receiving it.

 

The Ministry of Foreign Affairs of the Republic of Türkiye is another useful official source for information concerning consular and international-document matters.

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How Kurucuk & Associates Assists With Wills and Inheritance

At Kurucuk & Associates, we approach succession matters from the client's actual circumstances rather than starting with a standard template.

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Our legal assistance may include:

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Will Planning and Review

Reviewing existing testamentary documents and helping clients understand how their intended arrangements interact with Turkish inheritance law.

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Testamentary Arrangements

Assisting with the legal preparation and review of testamentary documents and advising on applicable formal requirements.

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Reserved-Share Assessment

Examining whether a proposed distribution could affect the reserved rights of protected heirs.

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Inheritance Procedures

Helping heirs understand and manage the legal procedures that follow a death.

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Istanbul Property Inheritance

Assisting with inheritance-related matters involving apartments, houses, land and other property in Istanbul.

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Cross-Border Estates

Reviewing the Turkish aspects of estates involving foreign nationals, overseas heirs, foreign wills or assets in multiple countries.

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Inheritance Disputes

Advising clients involved in disputes concerning wills, reserved shares, disinheritance, inheritance rights and other succession issues.

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Why It Is Better to Plan Before a Dispute Begins

Most people do not want their family to spend years arguing over their estate.

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Yet uncertainty tends to create disputes.

 

A succession plan can be particularly valuable when someone:

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• owns significant property;

• has children;

• has a blended family;

• has family members living abroad;

• owns a business;

• owns property in Istanbul;

• has assets in several countries;

• wants to make charitable gifts;

• wants particular people to receive particular assets;

• has already made a will in another country.

 

The purpose of planning is not to predict every future event.

 

It is to make the person's intentions legally workable and to identify foreseeable problems while they can still be addressed.

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Frequently Asked Questions About Wills and Inheritance in Turkey

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Can a foreigner make a will in Istanbul?

Foreign nationals may have options for making testamentary arrangements in Türkiye, but the applicable law and formal requirements should be assessed according to the person's circumstances, nationality, residence, family and assets.

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Can I leave my Istanbul apartment to anyone I want?

Not necessarily. Turkish law contains reserved-share rules protecting certain heirs. The amount that can be freely disposed of depends on the family structure and the applicable legal provisions.

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Can I exclude my child from my will?

Simply saying that a child should receive nothing does not necessarily remove the child's protected inheritance rights. Turkish law contains specific rules governing reserved shares and disinheritance.

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Is a handwritten will valid in Turkey?

It can be, provided the statutory requirements are satisfied. A handwritten document should therefore be checked carefully for formal validity before relying on it.

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Can I make an official will in Istanbul?

Turkish law recognizes an official form of will. The applicable procedure and formalities should be determined before the document is executed.

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What is a veraset ilamı?

A veraset ilamı, also called a mirasçılık belgesi, is a certificate identifying the heirs and their inheritance shares. The Turkish Revenue Administration provides official information about obtaining and using inheritance documentation. (Gelir İdaresi Başkanlığı)

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Does every inheritance require a tax declaration?

Inheritance tax obligations depend on the circumstances, but the Turkish Revenue Administration states that a declaration is required for transfers by inheritance even where the total inherited assets fall below the applicable exemption amount.

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Is inheritance tax payable on property in Istanbul?

Potentially, yes. Turkish inheritance and transfer tax can apply to qualifying inherited property. The applicable exemptions and rates should be checked for the year in which the inheritance occurs. The Revenue Administration's current inheritance-tax information should be used rather than an outdated online calculation.

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What happens if the deceased had debts?

The heirs should assess the liabilities of the estate before deciding how to proceed. Turkish law provides a mechanism for rejection of inheritance, subject to statutory conditions and deadlines.

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Can a Turkish will be challenged?

Yes. Depending on the facts, a challenge may concern testamentary capacity, formal validity, coercion, fraud, forgery, reserved shares, disinheritance or another legal issue.

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What if the will was prepared in another country?

A foreign will should be reviewed under the applicable Turkish private international law rules and any relevant international arrangements. It should not automatically be assumed that it will operate in Türkiye exactly as it does in its country of origin.

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Can heirs sell an inherited property in Istanbul?

An inherited property can generally be dealt with after the necessary succession, tax and registration procedures have been completed. The position becomes more complicated where several heirs own the property together or disagree about its sale.

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Can an inheritance dispute be resolved without a court case?

Some inheritance disagreements can be resolved through negotiation or other suitable dispute-resolution methods. Whether that is practical depends on the nature of the dispute and the positions of the parties.

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Can heirs living abroad handle an inheritance in Turkey?

In appropriate circumstances, yes. Powers of attorney and properly prepared foreign documents can make it possible to manage many procedures from abroad, although the precise requirements depend on the transaction and authority involved.

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Where can I find official Turkish inheritance information?

Useful official resources include the Ministry of Justice, Turkish Legislation Information System, e-Devlet, UYAP, Land Registry and Cadastre General Directorate, Ministry of Trade and Turkish Revenue Administration.

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Wills and Inheritance Legal Assistance in Istanbul

A will is ultimately about people, not paperwork.

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Someone may want to protect a spouse, provide for children, preserve a family business, leave an Istanbul property to a particular person, or simply make sure that their family does not have to guess what they wanted after they are gone.

 

Turkish law provides several mechanisms for dealing with these wishes, but each has its own requirements and limitations.

 

Kurucuk & Associates advises clients in Istanbul and Türkiye on wills, inheritance, testamentary transactions, reserved shares, inheritance agreements, estate administration and inheritance disputes, including matters involving foreign nationals and cross-border estates.