Turkish Inheritance Law for UK Residents | Probate & Estate Administration

Turkish Inheritance Law for UK Residents | Probate & Estate Administration in Turkey

Dealing with the death of a loved one is difficult under any circumstances. When the deceased held assets in Turkey — property, bank accounts, business interests, or vehicles — the process of inheriting those assets involves navigating Turkish inheritance law and the Turkish probate system, often while grieving and managing matters from the UK.

At Kaya Legal, we help UK-based beneficiaries and executors manage Turkish estates efficiently. Our London team works directly with Turkish courts and notaries to administer estates, transfer assets, and resolve inheritance disputes — without requiring clients to travel to Turkey in most cases.

How Turkish Inheritance Law Works

Turkish inheritance law is governed by the Turkish Civil Code (Law No. 4721). When a person dies leaving assets in Turkey, those assets are distributed according to a strict statutory order of heirs. Unlike in the UK, where testamentary freedom is broad, Turkish law imposes reserved shares (tenkis) that protect certain close relatives — particularly children and spouses — from being entirely disinherited.

The statutory order of heirs under Turkish law is as follows:

  • First degree: Descendants (children, grandchildren). Children inherit in equal shares. If a child has predeceased, their children inherit in their place.
  • Second degree: Parents and their descendants (siblings), if there are no surviving children.
  • Third degree: Grandparents and their descendants (aunts, uncles, cousins), if there are no surviving parents or siblings.
  • Surviving spouse: The spouse inherits alongside other heirs. If only the spouse survives, they inherit the entire estate.

Reserved Shares Under Turkish Law

Even if the deceased left a valid Turkish will, certain heirs are entitled to a reserved share of the estate that cannot be taken away by a will. The reserved shares are:

  • Children: half of their statutory share
  • Parents (if there are no children): a quarter of their statutory share
  • Surviving spouse: the full statutory share where inheriting alongside descendants or parents; otherwise the reserved share applies

If a will or lifetime transfer violates these reserved shares, the affected heirs can bring a reduction (tenkis) claim before a Turkish court to reclaim their entitlement. Our team advises on both bringing and defending tenkis claims.

Turkish Wills: Are They Valid?

A valid Turkish will can be made in three forms: an official will (executed before a notary and two witnesses), a handwritten will (entirely written, dated, and signed in the testator’s own handwriting), or an oral will (permitted only in emergency situations where the other forms are impossible). UK wills are not automatically recognised in Turkey, though they can be considered in Turkish proceedings with appropriate authentication. Our team advises on making wills valid in both jurisdictions for clients with assets in Turkey and the UK.

The Turkish Probate Process

To inherit assets in Turkey, beneficiaries must obtain an inheritance certificate (veraset ilamı) from a Turkish notary or civil court. This document formally identifies the heirs and their respective shares. Once obtained, it is used to transfer immovable property at the land registry, close or access bank accounts, and transfer vehicle registrations.

For UK-based heirs, the process typically involves: providing certified and apostilled copies of Turkish civil registry records and the death certificate, obtaining the inheritance certificate from a Turkish notary or court, paying Turkish inheritance tax (if applicable), and completing the transfer of each asset category through the relevant Turkish authority.

Our team manages this entire process on your behalf through a notarised power of attorney, so you do not need to travel to Turkey.

Turkish Inheritance Tax

Turkey levies inheritance and gift tax (veraset ve intikal vergisi) on assets transferred by inheritance. The rates are progressive and depend on the total value of the assets inherited. As of current Turkish tax law, rates range from 1% to 10% for inheritance. Certain assets and close relatives benefit from exemptions. Tax must generally be paid before assets can be formally transferred. Our team advises on tax liability and payment as part of the estate administration process.

Inheritance Disputes in Turkey

Inheritance disputes are common, particularly in families with assets in both Turkey and the UK. Common issues include challenges to the validity of a Turkish will, disputes between heirs over the valuation or division of assets, claims that lifetime gifts or transfers violated reserved shares, and disputes involving property that was gifted during the deceased’s lifetime. Our team represents clients in Turkish inheritance litigation, working with our partner Turkish advocates in Istanbul and Ankara.

How We Help UK Clients

  • Obtaining Turkish inheritance certificates (veraset ilamı) on your behalf
  • Transferring Turkish property at the land registry following inheritance
  • Closing or accessing Turkish bank accounts belonging to deceased relatives
  • Advising on and paying Turkish inheritance tax
  • Challenging or defending wills and reserved share claims (tenkis)
  • Drafting Turkish wills for clients with assets in Turkey
  • Coordinating Turkish and UK estate administration for cross-border estates
  • Resolving disputes between heirs through negotiation or Turkish court proceedings

Frequently Asked Questions

Do I need to travel to Turkey to inherit property there?

In most cases, no. We can manage the entire process using a notarised power of attorney, which authorises our team to act on your behalf before Turkish notaries, courts, the land registry, and other authorities. We advise on the specific documentation required for your situation.

How long does Turkish probate take?

Obtaining an inheritance certificate from a Turkish notary is typically straightforward and can take a few weeks once all required documents are in order. Disputed estates, or those requiring court involvement, can take significantly longer — from several months to over a year depending on the complexity and whether any heirs contest the process.

What happens if there is no Turkish will?

If the deceased left no valid Turkish will, Turkish intestacy rules apply and the estate is distributed according to the statutory order of heirs set out in the Turkish Civil Code. The absence of a will does not prevent inheritance — it simply means the law determines the distribution rather than the deceased’s wishes.

If you need help administering a Turkish estate or resolving an inheritance dispute, contact our team for expert advice in English and Turkish.