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TURKISH WILL - Scenarios and Risk

Scenarios: Example 1

1. Mr Joe Bloggs dislikes his entire family very much and does not want any of his blood relatives to benefit from his estate.

Mr Bloggs would like to :

• Leave the contents of his bank account to his cleaner.
• Villa in Tarabya to his driver
• Shares in Apple inc to an orphanage

Can Mr Bloggs bypass the parental system?

Answer: The simple answer is yes he can. The only way to do this is by creating a will. So long as the will is correctly administered and Mr Bloggs is of sound mind then he can have heirs that are not blood relatives.

Blood relative may take action against the will but they will need to prove that Mr Bloggs was not of sound mind and persuaded to make his cleaner, driver, and orphanage his heirs.

Example 2

2. Ms Grace is 89 yars old and was a spinster and did not bare any children. She was an only child and both parents deceased. Ms Grace’s parents where both only children therefore as far as she is aware she has no aunts or uncles.

Ms Grace has died intestate.

Ms Grace had a boyfriend Mr McKnight. He claims to be the beneficiary of Ms Grace’s estate.

Can Mr McKnight be deemed as a beneficiary?

Answer: Under Turkish law, in the absence of a will Mr McKnight would not have a claim to Ms Grace’s estate. Only blood relatives have an automatic claim. In this case Ms Grace’s estate would be taken by the state.

Example 3

3. Does TR law allow for guardians for beneficiaries who are deemed incapable of dealing with their own affairs?

Answer: Yes, if a heir does not have the capacity to deal with the estate which they inherit, Turkish law allows for a guardian to maintain affairs of the heir.

Example 4

4. Mr Erdogan died in Turkey, 2005. He was a dual national of Turkey and UK. He had a will which stipulate that the whole of his estate was to be left to his children. He had property and money in his bank account in both Turkey and Germany. Mr Erdogan had 3 children from 3 different relationships.

• Melisa lived in Australia
• Mehri lived in the UK, and
• Daniel lived in Turkey

Unfortunately as Melisa lived so far away she has never been able to claim her beneficial interest. She has now come to Turkey to claim her inheritance. Can she claim?

Mehri has also just come to claim as she was very angry with her father.

Daniel died before his father.

Answer: The first heirs to any parents estate are their children. All children of parent are entitles to equal shares unless expressly excluded or limited in a will. However, there may be a time-lapse as to when an heir must claim by.

As Mr Erdogan is a Turkish citizen and died in Turkey, any immovable or personal property will be dealt with in accordance with Turkish laws. However, any immovable or personal assets in the UK will be dealt with in accordance with UK laws.

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Disclaimer: The information on this site is provided as a general guide. Information published to YellAli is confirmed by official government departments in Turkey. Whilst every effort is made to ensure that the site is up to date and accurate, information may be subject to change at any time. YellAli does not accept any responsibility or liability for inaccuracies in this information.

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