Wills and Estate Planning in Türkiye for Foreigners
If you own property, bank accounts, or company shares in Türkiye, you can make a Turkish will (vasiyetname) to say who should receive them, and as a foreigner you are allowed to do so. Turkish law, mainly the Turkish Civil Code No. 4721 (Türk Medeni Kanunu, or TMK), recognises three forms of will: an official will made before a notary, a fully handwritten will, and, in narrow emergencies, an oral will. The key thing to understand early is that a Turkish will is not absolute freedom: a protected slice of your estate, called the forced share (saklı pay), is reserved by law for close family and cannot simply be given away. This guide explains how the forms work, who can make a will, how the forced share limits your choices, and how a will you already made abroad is likely to be treated. It is general information, not advice on your specific estate, and you should have a Turkish lawyer review your situation before you rely on any of it.
Can a foreigner make a will in Türkiye?
Yes. There is no rule that limits will-making to Turkish citizens. If you have assets in Türkiye, you can make a Turkish will (vasiyetname) covering those assets, and many foreign owners do exactly that to keep their Turkish estate simple for the family they leave behind.
A will made under the Turkish Civil Code No. 4721 (TMK) is generally the cleanest route for Turkish-situated property, because Turkish notaries, banks, land registries, and courts handle it as a familiar local document. That tends to mean fewer translation, legalisation, and recognition hurdles than presenting a foreign will after death.
If your only Turkish assets are, say, one apartment and a bank account, a short Turkish will dealing just with those assets can sit alongside a separate will covering your home-country estate. A lawyer can make sure the two do not accidentally cancel each other out.
Who can make a will: testamentary capacity
To make a valid will under the Civil Code No. 4721, you must have testamentary capacity (ehliyet). In plain terms, the law requires that you have reached the required age, are of sound mind, and are acting with the power of judgment to understand what you are doing.
A will can also be challenged after death if it was made under a defect of intention, for example a serious mistake, fraud, or threat. The practical lesson is that capacity should be clear at the moment you sign, especially if you are elderly or unwell. An official will before a notary, where the official records that you appeared and declared your wishes, is harder to attack on capacity grounds than a will found in a drawer.
If there is any later doubt about your state of mind, relatives who feel left out may try to have the will annulled. Choosing a more formal will form and keeping medical or documentary context can reduce that risk.
The three forms of will under the Civil Code
The Turkish Civil Code No. 4721 sets out three forms of will (TMK m.514-524). Each has its own formalities, and getting the form wrong can make the whole will invalid.
Official will before a notary (resmî vasiyetname)
This is the will drawn up by an official, in practice a notary (noter), with two witnesses involved as the Civil Code requires. You declare your wishes, the official puts them into the formal document, and the procedure is recorded. Because an authority is involved, this form gives the strongest proof that the will is genuine and that you had capacity, and it is the form most foreigners choose for Turkish assets. If you do not speak Turkish, a sworn translator is typically used so that you fully understand the text you approve.
Holographic will (el yazılı vasiyetname)
A holographic will is one you write out entirely in your own hand, and that you date and sign yourself. No notary or witness is required, which makes it private and free of cost. The trade-off is fragility: it can be lost, hidden, disputed as a forgery, or attacked for a missing element. The Civil Code allows such a will to be deposited with a notary for safekeeping, which is sensible if you use this form.
Oral will (sözlü vasiyetname)
An oral will is an emergency-only option. It is available where you face an extraordinary situation, such as imminent danger of death, illness, or being cut off, that makes the other forms impossible. You declare your wishes to two witnesses, who then record them and bring them before a court. Because the law treats this as a last resort, it is unsuitable for ordinary estate planning, and you should not rely on it as your plan.
The forced share (saklı pay): your real limit
This is the part most foreigners are surprised by. Even with a valid will, Turkish law does not let you give everything away freely. The Civil Code No. 4721 reserves a protected portion of your estate, the forced share (saklı pay), for certain close heirs, in particular your spouse and your descendants (children), and in some situations your parents.
The estate is therefore split, in concept, into two parts: the reserved portion that protected heirs are entitled to, and the freely disposable portion (tasarruf edilebilir kısım) that you may leave to anyone you choose, including people outside the family or a charity. If your will gives away more than the freely disposable portion, the will is not automatically void. Instead, a protected heir can bring an action to reduce the gifts (tenkis davası) and claw back what the law reserves for them.
Under the Civil Code No. 4721, the forced share is a fixed legal entitlement of protected heirs. A foreigner planning around Turkish assets should have the freely disposable portion calculated before deciding who gets what, rather than assuming full freedom to dispose.
Because the exact fractions depend on which heirs survive you and the family configuration, this is where individual advice matters most. A lawyer can estimate how much of your Turkish estate you can direct by will and how much is locked in for protected heirs.
How a will you made abroad is treated
If you already signed a will in your home country, it is not automatically useless in Türkiye, but it does not work by itself either. Two questions arise: whether the will is formally valid, and which law governs how your estate is shared.
Turkish courts decide these questions under the International Private and Procedural Law (MÖHUKMÖHUKTurkish Private International Law Act No. 5718The Turkish statute that decides which country's law applies to a cross-border matter, and how foreign judgments are recognised and enforced here.Glossary → No. 5718). As a general matter, a will that was made in a valid form under the law of the place where it was executed can be recognised, and the law applicable to succession is allocated by these conflict-of-law rules. Broadly, Turkish courts tend to treat immovable property in Türkiye, such as real estate, under Turkish law, while other elements may point to your national law. The interaction is technical, and the forced-share protection can still come into play for Turkish-situated assets.
Relying only on a foreign will can mean translation, apostilleApostilApostilleA certificate added to a public document in its own country so that it is accepted as genuine in Türkiye, without consular legalisation.Glossary → or legalisation, and a recognition process after death, which is slower for your heirs. For Turkish assets, a parallel Turkish will is often the more practical solution. The applicable-law analysis under MÖHUK No. 5718 should be done by a lawyer for your specific facts.
Disclaiming an inheritance and other practical points
Estate planning is not only about giving; it is also about debts. If an estate is more burdened than it is worth, an heir can reject (disclaim) the inheritance rather than inherit the liabilities, a step known in Turkish as reddi miras. This must be done within a statutory period after the heir learns of the death and their heirship, and the period is short, so heirs should take advice quickly.
A few other points are worth planning around in advance:
- Tax. Transfers on death can attract inheritance and transfer tax under the Inheritance and Transfer Tax Law No. 7338. Rates, brackets, and exemptions are updated over time, so confirm the current position rather than relying on an old figure.
- Company shares. If you hold shares in a Turkish company, succession to those shares can involve company-law steps as well as inheritance law, which is worth mapping out while you can still plan.
- Keeping the will findable. A will that no one can locate cannot be enforced. Depositing a will with a notary, or at least telling a trusted person where it is, prevents this.
Reviewing your will after major life events, marriage, divorce, a new child, buying or selling Turkish property, keeps it aligned with both your wishes and the protected-heir rules.
How a Turkish lawyer can help
Estate planning across borders has more moving parts than most people expect: the right will form, valid execution, the forced share, the applicable-law question for a foreigner, tax, and making sure a foreign and a Turkish will do not conflict. A small error in form or a miscalculated reserved portion can be expensive for the people you are trying to protect.
A Turkish lawyer can assess which will form suits your assets, draft and arrange execution before a notary with a sworn translator where needed, estimate your freely disposable portion, and coordinate your Turkish will with any will you hold abroad. The aim is a plan that is valid, enforceable, and clear for your heirs, without overstating what any will can guarantee.
Frequently asked questions
Do I need a Turkish will if I already have one in my home country?
Not always, but it often helps. A will validly made abroad can in principle be recognised in Türkiye, yet enforcing it means translation, legalisation, and a recognition path that takes time. A separate Turkish will covering only your Turkish assets usually makes the local process faster and reduces the chance of conflicting interpretations. A lawyer can confirm whether your foreign will already covers Türkiye adequately.
Can I leave my Turkish property to whoever I want?
Mostly, but not completely. Turkish law reserves a protected portion called the forced share (saklı pay) for close family such as your spouse and descendants. You are free to dispose of the remaining portion as you wish, but a will that ignores the forced share can be reduced by the protected heirs through a court action. A lawyer can calculate roughly how much of your estate you can freely give away.
Which form of Turkish will is best for a foreigner?
For assets located in Türkiye, the official will before a notary (resmî vasiyetname) is usually the most practical. It gives strong proof of authenticity and capacity, can be made with a sworn translator if you do not speak Turkish, and is familiar to banks, the land registry, and courts. A handwritten (holographic) will is valid too but is easier to lose or dispute.
Is inheritance taxed in Türkiye?
Türkiye applies an inheritance and transfer tax under the Inheritance and Transfer Tax Law No. 7338. Whether and how much is due depends on the assets, the relationship of the heirs, and current exemptions, all of which change over time. Because rates and thresholds are updated, you should confirm the present position with a Turkish lawyer or tax adviser before relying on any figure.
What happens if I die in Türkiye without a will?
If you leave no valid will, your estate passes under the statutory order of inheritance in the Civil Code No. 4721, which sets fixed shares for your spouse and relatives by degree of closeness. Whether Turkish rules or your national law apply to a foreigner's estate is decided under the conflict-of-law statute MÖHUK No. 5718, which a lawyer should assess for your situation.
