June 8, 2022
After a large number of investors obtained Turkish citizenship recently, they began to ask about many issues and laws that regulate the life of the Turkish community and citizen and govern all aspects of his political, social and economic life ....
In this article, we will discuss with you the issue of the will in Turkish law, its types and conditions, so that you are fully aware of the provisions it includes.
What is the commandment?
A will is for a person to request an act from others to do in his absence during his life or after his death, but legally it is a paper that a person writes before his death in order to facilitate the process of distributing the inheritance to the heirs without causing any problems between the heirs, and the reason for writing it is the deceased’s desire to distribute shares Inheritance according to his vision or for specific people from his family and not others.
Conditions of the commandment in Turkey:
Any person residing in Turkey, whether a citizen or a foreigner, can write a will, as is the case in many countries of the world, but it is necessary to adhere to the civil status law in Turkey with great accuracy when writing the will, and that certain conditions are met in order for it to be approved by the Before the Turkish court and the distribution of the inheritance according to the shares mentioned by the deceased. These conditions are:
The writer of the will must be an adult over the age of 18, and it is considered void if he is younger, as he has not yet reached the legal age
The writer of the will must be of full mental capacity and not be under arrest
That the will be written personally and with the full will of the person without coercion or compulsion.
The will must be written in the presence of a lawyer licensed to practice the profession in Turkey with two witnesses who sign the will immediately after writing it in their names as witnesses to the will, and the will is not recognized without that.
The will clerk must affix the will in the notary (notary public in Turkey) to be approved and approved by the Turkish court after death and the inheritance is distributed according to the will of the deceased.
Types of commandment in Turkish law:
The official commandment: The person does it at the notary (the notary) and documented it officially, so it is considered one of the strongest types of wills.
Manual commandment l: It is called a handwritten will, and it is required to write the date and day, and the signature of the owner of the will, and also must be notarized at the notary.
Oral commandment: It is resorted to in case of severe illness of the person so that the person informs of his will to two witnesses, and these two witnesses write the will, sign and authenticate it on behalf of the notary public.
Documents required to prepare a commandment in Turkey:
A foreigner who wishes to write a will must secure the documents required for the preparation of the will in Turkey, which consist of the following:
A valid passport (passport)
Translation and attestation of the passport through a legal translator certified by the Notary Notary
Tax number or Turkish residence card number
Residence address within Antalya province, Turkey
5 personal photos
Information of the recommended heirs (in the event that the heirs are Turkish nationals, the Turkish national number is requested, but in the case of foreign heirs, passport information is requested)
sworn translator
Medical report for those over 65 years old
The text of the will to be made and the details of the division of inheritance or inheritance
Once the conditions required for the validity of the will and the availability of specific papers are met, anyone can write his will, but you must pay attention to the importance of having a lawyer with you. above, and works hard to avoid making mistakes, and we at Acuad can assist you in everything you need in this regard through its legal staff of Turkish lawyers
