Testamentary Dispositions under Turkish Law

Testamentary Dispositions under Turkish Law

1. Types of Wills and Key Legal Requirements 

A will (testament) is a legal document that allows individuals to determine how their assets should be distributed after death. Under Turkish law, wills are considered unilateral legal declarations that only take effect upon the testator’s death. Making a valid will ensures that your wishes are legally protected and helps avoid disputes among heirs.

This article outlines the types of wills recognized under Turkish law, their validity conditions, and practical notes for those residing abroad with assets in Türkiye.

2. Legal Capacity to Make a Will in Türkiye

Under Turkish Civil Code Article 502, a person can make a will if they:

•          Have reached the age of 15, and

•          Possess mental capacity (discernment) at the time of making the will.

A will created by someone who lacks these qualifications is null and void.

3. Types of Wills under Turkish Law

Turkish law recognizes three types of wills, two of which are standard and one exceptional:

3.1. Official Will (Notarial Will)

This is prepared before a notary or a public official in the presence of two witnesses. The testator may declare their will verbally or in writing. The official prepares a document, which is then signed and approved by the witnesses and notary.

This is the most secure and enforceable form of will under Turkish law.

Certain individuals, such as the testator’s spouse, descendants, ascendants, siblings, or their spouses and legal representatives, cannot act as witnesses or notary.

 In cases of advanced age or possible disputes, a same-day medical report confirming mental capacity is strongly advised.

3.2. Handwritten Will

This must be written entirely by the testator’s own hand, include the date (day, month, year), and bear the testator’s signature.

•          The use of typewriters, computers, or dictation to others invalidates the document.

•          It does not need to be notarized to be valid, but safekeeping is essential.

•          It may be submitted to a notary or court for safekeeping, though this is optional.

Even informal writings, such as notes in the margins of a book or a letter, can be legally valid — provided they meet the formal requirements.

3.3. Oral Will

This is exceptional and only permitted in emergencies (e.g., imminent death, war, disaster, or when communication with a notary is impossible). The testator expresses their wishes to two witnesses, who must write and sign a statement with the date and submit it to the court.

 If the testator regains the ability to make a written will, the oral will expires after one month.

4. Are Foreign Wills Valid in Türkiye?

Yes. According to Article 7 of the Turkish Private International Law (MÖHUK), a will is valid in Türkiye if it complies with:

•          The law of the country where it was made, or

•          The law of the testator’s nationality at the time of making the will.

 A will drafted abroad may still require certified translation, apostille, and court registration (“Tenfiz”) in Türkiye — especially if it concerns real estate.

5. Practical Recommendation for Expats and Foreign Nationals

Foreign nationals or Turkish citizens residing abroad who have property in Türkiye should consult a Turkish attorney before preparing a will, even if they plan to use their own country's legal framework. This helps avoid enforceability issues and ensures that Turkish inheritance rules (e.g., forced shares for legal heirs) are respected.

Conclusion: Secure Your Legacy with a Legally Valid Will

Preparing a will that complies with Turkish law ensures that your final wishes are respected and that your heirs are protected from future disputes.

A carefully drafted will is not only a legal safeguard — it's also a responsibility.

📞 If you live abroad and wish to create a will concerning your assets in Türkiye, our law office can advise you on all legal and procedural aspects.