The Validity of Foreign Wills in Türkiye Recognition, Enforcement and Land Registry Registration of Wills Executed in Germany

Wills executed abroad, particularly in Germany, constitute one of the areas most frequently giving rise to disputes in Türkiye with regard to inheritance and land registry proceedings. In practice, many individuals assume that once the inheritance process in Germany has been completed, the necessary procedures in Türkiye will follow automatically. In reality, however, foreign wills can produce legal effects in Türkiye only through a multi-layered process that must be conducted with care and precision.

This process requires a combined assessment of the form in which the will was executed, the legal nature of foreign court decisions, and the mandatory rules of Turkish law, especially those applicable to immovable property.

The Concept of a Will as a Disposition upon Death

A will is a unilateral disposition upon death by which the testator sets out instructions that take legal effect only after their death. Unlike inheritance contracts, wills may be freely revoked or amended by the testator at any time during their lifetime. In order to execute a valid will, the testator must have the capacity of discernment and must have attained the age of fifteen.

Under Turkish law, wills may be executed in three forms: handwritten wills, official (notarial) wills, and, in exceptional circumstances, oral wills. Although this distinction is also relevant for wills executed abroad, their validity is primarily assessed according to the law of the place where the will was executed.

Formal Validity of Foreign Wills and Applicable Law

Pursuant to Turkish Private International Law, a will is deemed formally valid if it complies with the legal requirements of the law of the place of execution, the nationality of the testator, or the law of the testator’s habitual residence. Accordingly, a will executed in Germany before a notary or in handwritten form in accordance with German law may also be considered formally valid under Turkish law.

However, this does not mean that such a will can be directly enforced in Türkiye. In particular, Turkish law applies mandatorily to immovable property located within Türkiye.

Opening of the Will and Court Decision in Germany

In Germany, a will is opened and read by the competent probate court (Nachlassgericht) following the death of the testator. At this stage, the court generally issues a decision determining the existence and content of the will. This decision is of a declaratory nature.

Such decisions are not enforceable and do not, by themselves, allow for the transfer of ownership or the execution of any obligation. Nevertheless, they are of significant importance for the formal determination of the will’s content.

Recognition Proceedings in Türkiye

Court decisions rendered in Germany do not automatically have legal effect in Türkiye. In order for such a decision to be taken into account, a recognition action must be filed before the competent civil court of first instance in Türkiye.

In the course of recognition proceedings, the apostilled original of the German court decision, its sworn Turkish translation, and proof of its finality must be submitted. A recognition decision constitutes a prerequisite for the will to be considered in Türkiye; however, it is not sufficient on its own for the execution of the will.

Execution of the Will in Türkiye

Following recognition, the actual implementation of the will in Türkiye generally requires the filing of an action for the execution of the will. In practice, this action is often referred to as an enforcement action of the will.

The purpose of this action is to secure an enforceable court judgment giving effect to the obligations set out in the will. This may include, for example, the registration of immovable property in the name of a designated beneficiary, the payment of a monetary claim, or the delivery of a specific asset.

At this stage, the court examines not only the foreign court decision but also whether the will is formally and substantively valid under Turkish law. Upon completion of this review, the court issues an enforceable judgment. With respect to immovable property, the judgment must expressly and clearly order the registration in the land registry.

Appointed Heirs and Certificate of Inheritance

Where the testator assigns all or part of their estate to a particular person by will, that person acquires the status of an appointed heir. In order to exercise these rights in Türkiye, it is generally necessary to obtain a Turkish certificate of inheritance.

The recognition decision alone is not sufficient. Land registry offices, banks and public authorities will not carry out transactions without a Turkish certificate of inheritance.

Land Registry Registration

Once the judgment concerning the execution of the will has become final, registration with the land registry may be carried out. In practice, land registry offices apply strict formal requirements. The judgment must clearly specify in whose name and in what shares the registration is to be made; otherwise, the application will be rejected.

LEGAL CERTAINTY IN INHERITANCE AND LAND REGISTRY MATTERS WITH VURAL & DEMİR

The implementation of wills executed abroad in Türkiye often involves complex and multi-layered legal procedures. Recognition, judicial enforcement of testamentary dispositions, certificates of inheritance and land registry registrations must be handled with precision and in the correct legal sequence to avoid significant and often irreversible risks.

Legal certainty in inheritance and real estate matters in Türkiye is essential. To ensure that your rights are clearly established, your interests are properly protected, and the process is managed efficiently from start to finish, Vural & Demir Law Firm provides comprehensive legal support at every stage.