Man lives as an immortal, but the inevitable is always lurking. The global pandemic has indirectly made people think about what to do if they die unexpectedly. At home in your own country you can still arrange a few things in the short term. But what do you do with assets that you have secured or own abroad?
The answer is quite simple. Based on your wishes and life goals, we can carry out all legal acts in detail on your behalf. All we need is a specified assignment supplemented with a notarial legalized power of attorney. In this way you can remotely handle your affairs related to your estate in Turkey in complete security.
For the legalization of the specific power of attorney, you can go to the local Turkish Consulate, your own notary or any notary in the area. Depending on the assignment, we prepare the specific content of the power of attorney in English, which can be legalized by your notary. In this way you are aware of the details for which you are granting power of attorney.
Main rule Turkish Inheritance Law
The surviving spouse automatically obtains ¼ part of the estate. The ¾ part is proportional to the children. If the testator has no surviving spouse, the children inherit the whole. If there are no children, the surviving spouse inherits together with the parents of the deceased or his descendants.
People automatically become heirs to the heritage, but do not immediately dispose of it. The heir has to take certain legal actions or have them taken in order to actually dispose of them. The first step is to obtain a certificate of inheritance from the Turkish probate court.
The Probate Court determines by deed ('the certificate of inheritance') who the heirs are and their legal rights. This certificate of inheritance is enforceable by stock, but not irrevocable. Enforceable in stock means that you can take further steps on the basis of this deed at specific bodies, such as the bank or the Tapu office (Land registry Office) . Non-irrevocable means it is reversible or retractable. You can think of a testamentary heir who will be known later.
Certificate of inheritance
To obtain a certificate of inheritance, you must submit the following documents to your lawyer. Please note that for legalizing the documents, an apostille stamp may be required.
◦ international death certificate
◦ international extract of personal data
◦ notarized certificate of inheritance from your own country
◦ notarial power of attorney
◦ documentation concerning the heritage (bank details or title of deed)
Tax authorities
Based on the certificate of inheritance, the heritage must be reported to the tax authorities by means of a declaration. After processing the declaration, the outstanding debts and inheritance tax are paid. The tax authorities will grant you a 'debt clearance' in this matter. The 'debt release' and the certificate of inheritance are necessary for further implementation at the authorities that take care of the commercial registration of the heritage.
The will or Testament
In Turkey, you must make your will before a notary, in the presence of 2 witnesses. Wills drawn up on behalf of foreigners are deposited by the Turkish notary at the Central Office in Ankara. A foreign will is also legally valid under Turkish law. However, for a flexible execution of the Turkish inheritance law, it is advisable to have this foreign will notarized under Turkish law. Also in this matter we are providing legal services.
Finally
The information described above is of a general nature. Each case should be assessed in its own nature and merits. Given the personal nature of inheritance issues, it is advisable to obtain personal information about your rights and options. There are always more options than you think.
If you have any questions or would like to use our services, please do not hesitate to contact us. We are also at your disposal remotely.
