How to Write a Legal Will in Turkey as a Foreign Property Owner: Civil and Islamic Inheritance Explained

How to Write a Legal Will in Turkey as a Foreign Property Owner: Civil and Islamic Inheritance Explained

Writing a will is one of the most important steps you can take to protect your family and your assets. Whether you are a Turkish citizen, a foreign investor, or an expatriate living in Turkey, the Turkish legal system allows you to create a will to determine how your property will be passed on after death.

Turkey uses a modern civil law system based on the Turkish Civil Code. However, for Muslim citizens, certain family inheritance rights also reflect principles aligned with Islamic law (Sharia), especially regarding the protection of immediate heirs. This combination ensures fairness, protection of family rights, and legal clarity.

In this article, you will learn how to make a valid will in Turkey, how it affects real estate and bank accounts, and how both civil and Islamic rights are respected.

Can Foreigners Make a Will in Turkey?

✅ Yes. Foreigners have the same legal right as Turkish citizens to write wills for their assets located in Turkey, including:

• Real estate
• Bank accounts
• Business ownership
• Personal assets

A will made in Turkey is recognized by Turkish courts and ensures that your assets are passed to your chosen heirs smoothly and legally.

✍️ Types of Legal Wills in Turkey

There are three legally recognized types of wills under the Turkish Civil Code:

1. Notarized Will (Recommended)

• Prepared and signed before a Turkish notary public
• Legally strong and protected
• Stored securely in the national registration system

✅ This is the safest and most common method for both foreigners and citizens.

2. Handwritten Will

• Must be entirely handwritten and signed by the testator (person making the will)
• Must include the date (day, month, and year)
• Must be submitted to authorities after death

3. Oral Will (only valid in emergencies such as life-threatening situations)

• Declared before two witnesses
• Rarely used and valid only under special conditions

⚖️ Civil Law Rules: How Wills Are Interpreted in Turkey

Turkey’s inheritance law ensures mandatory protection of close family members, even if a will exists. This is called “reserved shares” (saklı pay).

Protected Heirs Include:

• Children (biological and adopted)
• Spouse
• In the absence of children: parents

You can distribute only a portion of your estate freely. The remaining portion must legally go to these protected heirs, according to their guaranteed share.

This system prevents disinheritance of close family members.

Islamic (Sharia) Principles in Inheritance

Although Turkey is a secular republic and applies civil law, Muslim families often follow Islamic inheritance principles in practice, especially in private family arrangements.

• According to Islamic tradition, male children may inherit a larger share than female children, but the spouse and daughters always retain guaranteed rights.
• A Muslim individual may use a Turkish legal will to align with Sharia inheritance distribution.
• Up to one-third of the estate can be distributed freely according to Islamic will preferences (Wasiyyah), similar to civil law rules.

Turkish law does not impose religious inheritance distribution automatically, but it respects wills drafted according to Islamic principles, as long as they do not violate mandatory reserved shares.

Are Foreign Wills Valid in Turkey?

Yes, wills made in another country can be valid in Turkey if properly legalized and translated. However, it is strongly recommended to create a separate Turkish will for assets located in Turkey to ensure:

• Faster court processing
• Reduced legal complications
• Clear recognition under Turkish law

Why Writing a Will in Turkey Is Important

• Ensures your property is inherited exactly as you wish
• Prevents disputes among heirs
• Protects the financial future of your spouse and children
• Speeds up legal procedures after death
• Helps foreign investors pass assets internationally without complications

How to Write a Will in Turkey – Step by Step

1. Choose the type of will (Notary will is recommended)
2. List your assets located in Turkey
3. Declare your heirs and distribution plan
4. Include your personal details and identification
5. Sign before a notary with witnesses
6. Register the will in the national legal system

What Happens If You Die Without a Will?

• Your heirs will still inherit your assets based on Turkish Civil Code.
• Your spouse and children automatically become legal heirs.
• If there is no spouse or children, inheritance passes to parents or siblings.
• The government only takes the estate if there are no legal heirs at all.

Conclusion

Whether you are a Turkish citizen or an international investor, writing a legal will in Turkey ensures that your assets are fully protected and your family’s financial future is secure. Turkey’s inheritance and will laws are built to respect both civil rights and family rights, while also allowing room for those who prefer Sharia-based distribution.

This makes Turkey a safe and reliable jurisdiction for protecting generational wealth.

How Majesty Turkey Can Help

Majesty Turkey provides:

• Professional legal guidance for drafting wills
• Assistance for foreigners registering wills in Turkey
• Inheritance planning under both civil and Islamic principles
• Property protection strategies for investors and families

Contact Majesty Turkey today to secure your future and the future of your family in Turkey.