Inheritance Laws

 

Understanding Turkish Inheritance Law for Foreign Property Owners

(Classed as Immovable Property)

Turkish inheritance law is governed by the Turkish Civil Code and follows a strict bloodline hierarchy system. Certain close family members are legally protected and entitled to specific shares of an estate, even if a will exists.

Foreign nationals generally have the same inheritance rights as Turkish citizens, meaning property and assets in Turkey can be inherited by foreign family members. However, Turkish inheritance rules can differ significantly from those in many other countries, particularly regarding reserved shares and the rights of unmarried partners.

Understanding how inheritance works in Turkey is essential for anyone owning property or assets in the country.


1. Statutory Heirs – When There Is No Will

If a person dies without leaving a valid will, their estate is distributed according to the legal order of heirs set out in the Turkish Civil Code.

First Degree Heirs – Children & Descendants

The first level of inheritance passes to the deceased’s children and their descendants.

Second Degree Heirs – Parents & Siblings

If there are no children or grandchildren, the estate passes to:

Third Degree Heirs – Grandparents & Extended Family

If there are no first or second-degree relatives, inheritance passes to:


2. Rights of a Surviving Spouse (Married)

Under Turkish law, a surviving spouse is always considered a protected legal heir and inherits alongside whichever family group is entitled to inherit.

The spouse’s entitlement depends on which relatives survive the deceased:

If There Are Children

If There Are No Children but Parents or Siblings

If Only Grandparents or Extended Relatives Exist

If No Other Legal Heirs Exist


Inheritance Rights for Unmarried Couples in Turkey

This is one of the most important areas for foreign property owners to understand.

Under Turkish law, unmarried partners have no automatic inheritance rights, regardless of how long they have lived together or whether they jointly own a property.

If one partner passes away without a valid Turkish will, their share of the property will legally pass to their blood relatives — not to the surviving partner.

Important Legal Points

No Automatic Rights

Joint ownership does not create inheritance rights for unmarried couples.

If your partner dies without a will:

Reserved Shares Still Apply

Even if your partner leaves a Turkish will naming you as beneficiary, Turkish inheritance law still protects certain close relatives through the “Reserved Share” system (Saklı Pay).

Children — and in some cases parents — may still legally claim part of the estate.


Statutory Inheritance Order for Unmarried Partners

If there is no will, inheritance follows the legal bloodline order:

If the Deceased Has Children

If There Are No Children but Parents Are Alive

If No Children or Parents Exist


3. Reserved Shares (Saklı Pay)

Turkish inheritance law strongly protects close family members through a system known as Reserved Shares.

Even if a valid will exists, a person cannot freely leave their entire estate to anyone they choose if protected heirs exist.

The law guarantees minimum inheritance rights for certain family members.

Reserved Share Entitlements

If a will attempts to reduce these protected amounts, legal heirs may challenge the will through the Turkish courts.


4. Co-Ownership of Inherited Property

When multiple heirs inherit a property in Turkey, ownership does not automatically divide into separate title deeds.

Instead, heirs become co-owners with undivided percentage shares registered on the Tapu (title deed).

This can sometimes create practical difficulties if heirs disagree on what should happen to the property.

Possible solutions include:


5. Inheritance Procedures in Turkey

To claim inheritance rights in Turkey, several legal procedures must be completed.

Certificate of Inheritance (Mirasçılık Belgesi)

This official document confirms:

The certificate can be obtained through:

Foreign inheritance documents must usually be:

before they can be used in Turkey.


6. Inheritance Tax in Turkey

Inherited assets in Turkey are subject to inheritance and gift tax.

Tax rates are progressive and vary depending on:

Historically, inheritance tax rates in Turkey have ranged from approximately 1% to 30%.

Professional legal and financial advice should always be sought to understand potential liabilities.


Final Thoughts

Turkish inheritance law can be very different from inheritance systems in the UK and other countries. Issues such as reserved shares, co-ownership, and the lack of inheritance rights for unmarried partners can create unexpected complications if proper planning is not in place.

For foreign property owners in Turkey, preparing a valid Turkish will and seeking independent legal advice can help protect family members and simplify future inheritance procedures.

Please contact us for information for a local English Speaking Solicitor