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Monday, 10 November 2008 00:00

Wills and Inheritance in Turkey

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Turkish Inheritance law

Property and money left by a deceased person are divided among close relatives as stated in the Civil Code.

Persons with such rights of inheritance are called heirs in legal terminology. According to the provisions of the Civil Code, the first heirs of a deceased person are his children.

If the deceased has no children, his parents are his heirs. If his parents are no longer alive, their children become his heirs. The least of a deceased person's heirs among his close relatives are his grandparents and their offspring.

If the wife or husband of the deceased is included with his children in the sharing of the inheritance, then he or she has the right of one-quarter.

A spouse who is sharing the inheritance with the deceased's father, mother, and their offspring has a right to half of it.

A spouse who is sharing the inheritance with the deceased's grandfather, grandmother, and their offspring has a right to three-quarters.

If none of the deceased's next of kin survives, the entire estate goes to his surviving spouse.

If the deceased leaves no surviving heirs, his estate becomes the property of the State.

An heir is liable for all the debts and eligible for all the credits of the deceased person. In some cases, the wealth left as inheritance may not be sufficient to cover the debts of the deceased. An heir who wishes not to be liable for the debts may disclaim the inheritance be applying to a court within three months of the death.

Will law in Turkey

A person who has completed fifteen years of age and having full mental capacity can make a will within the limits and the form which are specified by the Civil Code.

In case of error, fraud or duress, the will is not valid. A will may be executed in official form, in handwriting, or orally. A will executed in official form will be made in the presence of a notary public or a justice of the peace in accordance with certain formal conditions, and the final text will be signed by two witnesses.

A will executed in handwriting must include the place, day, month, and year in which it was made and must be written entirely in the testator's handwriting and include his signature. A will prepared in this way will be given to the court or to the notary public for safekeeping.

Reserved portion law in Turkey

A person is free to make testamentary dispositions in preparation of a will within the limits set by the Civil Code.

Articles 452-453 of the civil Code guarantee a portion of the will as the rights of offspring, father and mother, brother and sister and surviving spouse. According to this,

A) the reserved portion and legal inheritance right of offspring is 75%

B) the reserved portion of inheritance for father and mother is 50%.

C) The legal inheritance right for every brother and sister is 25%.

D) If the surviving spouse shares inheritance in other situations but no with children, the reserved portion is 50% of the legal inheritance right.

E) If the deceased person leaves some wealth to an association which is working for public benefit or to a foundation which has tax exemption, in those cases reserved portions are 2/3 of the amount mentioned above.

Inheritance and Gifts Taxes

Turkish citizens are subject to inheritance and gift tax on worldwide assets received.

Foreigners resident in Turkey are liable to inheritance tax and gift tax on worldwide assets received from Turkish citizens and on assets located in Turkey.

Non-resident foreigners are subject to inheritance and gift tax only on assets located in Turkey.

The tax rates usually vary between 1% and 30% depending on the residence status of the recipient and the location of the property.

The tax is payable over three years, in May and November.

Inheritance and Gift Law Children are reserved heirs in Turkey and have automatic inheritance rights. If you have no children, your parents become your reserved heirs. If your parents are no longer alive, your sisters or brothers are next in line to inherit.

A spouse has limited entitlements and the amount to which they are entitled depends on whether there are children or not.

The reserved portion for children is 75%, for parents 50%, for each brother and sister 25%. The spouse is entitled to the remainder. If there are no reserved heirs, the spouse is entitled to the entire estate.

Turkish gifts laws provide that non-Turkish residents can only gift Turkish real estate to relatives resident in Turkey.

Read 6071 times Last modified on Sunday, 21 June 2015 19:39