Making a Will in Turkey as a Foreigner: Understanding the 'Reserved Portion' Rule


Securing Your Last Wishes: A Foreigner's Guide to Making a Will in Turkey

For many foreigners who own property or assets in Turkey, planning for the future is a top priority. A common question that arises is, "Can I make a will in Turkey to decide who inherits my Turkish assets?" The answer is yes, you can. Drafting a will (`Vasiyetname`) is a prudent step to ensure your wishes are known. However, it is absolutely critical to understand that your freedom to distribute your assets is not unlimited. The Turkish Civil Code contains a powerful and non-negotiable principle that overrides contrary instructions in a will: the 'Reserved Portion' (`Saklı Pay`) rule.

Ignoring this rule is the single biggest mistake a foreigner can make when planning their estate in Turkey, as it can lead to a will being legally challenged and partially invalidated. This article will explain how to make a will in Turkey and the vital importance of understanding the reserved portion concept. In this highly sensitive area of law, the guidance of an expert lawyer is not just recommended; it is essential. An Alanya law office specializing in inheritance law can ensure your will is both valid and enforceable to the maximum extent possible.

Can a Foreigner Make a Will in Turkey?

Yes. A foreigner can make a will in Turkey to dispose of their assets located within the country. For immovable property (real estate), Turkish law will always apply to the inheritance process, regardless of your nationality. Therefore, having a Turkish will can significantly simplify the probate process for your heirs.

To be legally valid, a formal will in Turkey must be:

  • Drafted and signed in the presence of an official witness (a Notary Public or a judge).
  • Signed by two witnesses.
  • If you do not speak Turkish, a sworn translator must be present during the entire process at the notary.

The Most Important Concept: The Reserved Portion (`Saklı Pay`)

This is the core of Turkish inheritance law. The 'Reserved Portion' is a legally protected, minimum share of an estate that is automatically reserved for certain close relatives, known as "reserved portion heirs." You **cannot** disinherit these heirs completely or infringe upon their minimum protected share, even with a clear instruction in your will. If your will violates these shares, your reserved portion heirs can file a lawsuit (known as an 'action for reduction' or `tenkis davası`) to claim their legal minimum.

Who are the Reserved Portion Heirs and What are Their Shares?
The primary reserved portion heirs are:

  • The Deceased's Children (Descendants): Their reserved portion is one-half (1/2) of their normal legal share of the inheritance.
  • The Deceased's Mother and Father: Their reserved portion is one-quarter (1/4) of their legal share. (They only inherit if there are no children).
  • The Surviving Spouse: Their reserved portion depends on who they are inheriting alongside:
    • If inheriting with children or parents: Their reserved portion is their **entire legal share** (which is 1/4 alongside children, and 1/2 alongside parents).
    • If inheriting alone: Their reserved portion is **three-quarters (3/4)** of their legal share (which is the entire estate).

The portion of your estate that is NOT a reserved portion is called the "disposable portion." This is the only part of your estate that you have complete freedom to leave to whomever you wish in your will.

An Example to Clarify

Imagine a foreigner, 'Alex', passes away in Turkey, leaving behind a surviving spouse and two children. Alex's only asset is an apartment in Alanya. In his Turkish will, Alex leaves the entire apartment to a close friend. Here is how the law would apply:

  1. Under normal Turkish inheritance law, the spouse would get 1/4 of the estate, and the two children would share the remaining 3/4 (each getting 3/8).
  2. The children's reserved portion is 1/2 of their legal share. So, their protected share is 1/2 of 3/4 = 3/8 of the total estate.
  3. The spouse's reserved portion is their entire legal share, which is 1/4 of the total estate.
  4. The spouse and children can file an 'action for reduction'. The court will enforce their reserved portions. The friend will only be able to inherit the remaining 'disposable portion' of the estate.

This is a complex calculation where the expertise of an **Alanya Lawyer** is crucial.

Why You Absolutely Need a Lawyer

Drafting a will that navigates the reserved portion rules requires deep legal knowledge. An expert lawyer from a reputable law firm is essential to:

  • Calculate the Reserved Portions: Accurately determine the exact protected shares of your legal heirs.
  • Draft a Legally Sound Will: Structure your will to be valid and to ensure your wishes regarding the 'disposable portion' are clearly and legally stated.
  • Provide Strategic Estate Planning: An Alanya law office can advise on other estate planning tools and strategies that work within the confines of Turkish law.
  • Assist Heirs Later: A lawyer who drafted the will is in the best position to guide the heirs through the probate and inheritance process after your passing.

Conclusion

Making a will in Turkey is a wise and responsible step for any foreigner with assets in the country. It provides clarity and can simplify a difficult process for your loved ones. However, it is a legal document that must be drafted in harmony with the powerful and unyielding principles of Turkish inheritance law. By working with a qualified **Alanya Lawyer**, you can ensure that your final wishes are honored to the fullest extent the law allows, protecting both your legacy and your heirs.

More content: