Understanding the framework governing inheritance for foreign nationals in Turkey requires a thorough examination of both Turkish domestic law and international private law principles. This analysis addresses the rights of foreigners concerning inheritance in Turkey, the applicable legal frameworks, and the procedural requirements for managing estates.
Legal Framework for Inheritance
Under Article 35 of the Turkish Constitution, all individuals, irrespective of nationality, possess the right to property and inheritance. This principle ensures that foreign nationals have the right to inherit property and assets in Turkey without discrimination. However, the application of inheritance laws is contingent on the nature of the assets and their location.
Applicable Laws for Inheritance
According to Article 20 of the Turkish International Private and Procedural Law (MÖHUK):
- Movable Assets: Inheritance of movable assets, including bank accounts, vehicles, and personal items, is governed by the law of the deceased’s country of nationality.
- Real Estate: The inheritance of real estate situated within Turkey is regulated by Turkish law. Therefore, while movable assets are governed by the deceased’s national law, real estate in Turkey falls under Turkish legal jurisdiction.
Example: Kuwaiti National with Property in Turkey
Consider a Kuwaiti citizen named Ahmet who passes away with property in Turkey:
- Movable Assets: Assets such as vehicles, jewelry, and bank accounts in Turkey will be distributed according to Kuwaiti law. The Kuwaiti legal system determines the heirs and their respective shares for these assets.
- Real Estate: The property located in Turkey will be managed according to Turkish inheritance laws. Turkish legal provisions will dictate the distribution of the real estate among the heirs.
Determination of Applicable Law
The determination of the applicable law for inheritance is crucial in understanding how the estate will be distributed. The following outlines the relevant legal principles:
- Opening and Distribution of Inheritance:
- Real Estate in Turkey: Governed by the Turkish Civil Code, which specifies the procedures for opening an inheritance, determining heirs, and distributing the estate.
- Movable Assets: Governed by the law of the deceased’s nationality, which influences the distribution of these assets.
- Inheritance Process:
- Opening of Inheritance: The initiation of inheritance and the reasons for its opening are determined by the law of the country where the assets are located. For real estate in Turkey, the Turkish Civil Code (Articles 575, 31, 584) outlines the conditions for the opening of inheritance, including death or legal presumptions of death.
- Distribution: The distribution of movable assets follows the deceased’s national law, whereas Turkish law governs the distribution of real estate in Turkey.
Heirs to Real Estate in Turkey
Turkish inheritance law classifies heirs into three degrees, known as “zümre”:
- First Degree: Direct descendants of the deceased, including children and their descendants, have precedence in inheritance matters.
- Second Degree: The deceased’s parents and siblings, including their descendants, are considered if there are no direct descendants.
- Third Degree: This includes the deceased’s grandparents, uncles, aunts, and their descendants, applicable if no heirs from the first and second degrees are present.
The surviving spouse’s inheritance rights vary based on the presence of other heirs:
- With Children: The spouse inherits one-quarter of the estate.
- Without Children but with Parents: The spouse inherits one-half of the estate.
- With Extended Family: The spouse inherits three-quarters of the estate if there are no children or parents.
Multiple Nationalities and Applicable Law
In cases where the deceased holds multiple nationalities, including Turkish citizenship, Turkish law will apply to the inheritance of assets in Turkey. For individuals with multiple nationalities excluding Turkish citizenship, the law of the country with which the deceased had a closer connection will govern the inheritance.
Creating Will in Turkey
Foreign nationals may draft a will under Turkish law or their own national law. The capacity to make a will is determined by the law of the nationality of the individual at the time of drafting the will. Turkish International Private and Procedural Law (Article 7) stipulates that testamentary dispositions must adhere to the laws of the country where the will is made or the law of the deceased’s nationality.
Certificate of Inheritance
Foreign nationals are unable to obtain a certificate of inheritance from Turkish notaries. Instead, they must apply to a Turkish civil court to secure this document, which is necessary for the legal administration of the estate in Turkey. The certificate verifies the rightful heirs and their shares of the estate.
For foreign nationals dealing with inheritance issues in Turkey, understanding the legal framework and procedural requirements is essential. Turkish law governs the inheritance of real estate, while movable assets are subject to the deceased’s national law. For further assistance or specific inquiries related to inheritance matters in Turkey, please contact us for comprehensive guidance.
