Inheritance of Foreigners in Turkey
As per the Turkish International Procedural Law the inheritance of a foreign national in Turkey is subject to the national law of the deceased foreign national. In other words, a British national’s inheritance is subject to the British Inheritance Laws, and a German national’s inheritance is subject to the German Inheritance Laws and so on so forth. However the exception to this rule is the real estates in Turkey. A foreigner’s real estates in Turkey are subject to the Turkish Inheritance Laws.
Procedural matters of foreign nationals’ inheritance in Turkey are setting out, distribution and acquisition of the estate. These procedural matters are always subject to the Turkish Inheritance Laws whereas the merits of the case, who the heirs are and what their shares are, is subject to the national law of the deceased foreign national.
In case of a foreigner’s estate in Turkey, Turkish law applies to the merits only in terms of the foreign national’s real estates in Turkey. The national law of the deceased governs the estate’s movable properties in Turkey (such as cars, money, goods) and the movable and immovable properties abroad.
Foreigner nationals have the same legal status as citizens in terms of acquiring real estates in Turkey. Foreign court judgments on inheritance can be recognized in Turkey insofar as they do not rule on the inheritance of real estates in Turkey. Last wills and testaments of foreign nationals in Turkish law are valid insofar as they are considered valid as per the national law of the deceased foreigner. The validity of such last wills and testaments of foreign nationals is not affected by whether the estate consists of movable properties or real estates.
Affidavit of heirship on movable properties is issued in accordance with the national law of the deceased whereas affidavit for heirship on real estates is issued in accordance Turkish Inheritance Laws.
Antalya Lawyer and Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm offer legal support and representation in all inheritance cases of foreign nationals in Turkey. These services include but are not limited to obtaining affidavit of heirship, determining the heirs and their shares, determining the size and the assets of the estate, distribution and acquisition of the estate by the legal heirs and resolving disputes between foreign heirs in Turkey.e