Do you have a deceased with moveable or immovable properties in Turkey? Do not worry, inheritance is amongst our expertise.
Law on Immovables
According to law, the immovable assets of a deceased are subject to Turkish Law. And if there is not a will, the spouse and the children are the heirs. The spouse gets 1/4 of the estate if he/she is an heir with the children. If the deceased was a widow, then the inheritance is equally shared in between the children.
If the deceased did not have any children, then the parents of the deceased will inherit the estate. The inheritance rights of descendants will devolve to their own descendants if any of the former is no longer alive when the inheritance takes place. If the spouse is an heir with the parents, he/she gets half of the estate.
Law on Movables
The movables of a foreign deceased in Turkey are subject to the foreigner’s own country’s law. So, as an example the judge executes English Law for movables in Turkey for an English expat who died in Turkey. And according to English Law, a certain amount of the estate of the deceased is inherited by the spouse. So, monies at the bank or a vehicle would be inherited by the spouse of an English person who died in Turkey.
Appointed heirs (legatees) are heirs, expressly and specifically designated by the deceased in a will. The person can dispose of his/her estate at death by a will prepared during his/her lifetime. The testator can choose the heirs and the method of distribution of the estate.
The rights of the statutory heirs are protected by law through reserved portions which are less than legal shares. The spouses, the descendants and parents have reserved portions. This means that even if someone leaves all of his/her property to a stranger, the statutory heirs may still get their reserved portions if they apply to the court.
Registering the Estate
In order to register the estate of the deceased, an inheritance certificate must be obtained through the courts. And for that, there are some documents that must be prepared in UK. Here are the documents:
Birth and death certificate of the deceased
Birth certificate of the heirs
Marriage certificate of the deceased and the spouse
Divorce certificate of the deceased and the spouse if they have divorced
Documents to prove any name and last name changes of the heirs and the deceased (Marriage certificates could be a sufficient proof for the last name changes.)
Sworn affidavit at a public notary by one of the heirs stating the birth dates of the heirs and the deceased, death date of the deceased, marriage / divorce dates of the deceased and the spouse, and name changes and that there are no other heirs apart from the ones stated.
All of the abovementioned documents must be notarized in UK and an apostille stamp must be obtained for all of them from Foreign Commonwealth Office in UK.
After obtaining the inheritance certificate, the estate can be inherited with the right paperwork and the payment of the inheritance tax.