It might be a good idea for those who have properties in Turkey to review their inheritance position and ensure property owners wishes and goals have been properly covered by their wills.
According to Turkish law, inheritance matters are governed by the national law of the inheritor and there is an exception for the properties located in Turkey.
Turkish international private law Article 22 governs inheritance matters. According to Article 22, inheritance matters shall be subject to the national law of the deceased person.
The properties covered by the will shall be governed by Turkish law if these properties are located in Turkey. In other words, the transfer of title and such procedure will be carried out under the governance of Turkish law.
In case of death, the inheritor(s) should apply to the Turkish courts for the immovable properties located in Turkey. The Turkish judge shall apply Turkish Law.
A will made in England in the English language will be subject to Turkish law again in means of translation.
In this regard, the judge shall ask for the apostil application and official translation for the will. The translation of a legal docüment is not always a good choice.
The translator may fail to translate the will if he does understand the intention of the person who made the will.
I would rather have it translated myself and make sure that the translation fits the original docüment.
As a practical solution to your problem, it might be a good idea if you can make the same will before a Turkish notary with the assistance of a legal professional and a sworn translator.
Please do not forget to address that this is not a new will and was made on purpose to avoid a future problem regarding the assets in Turkey.
Otherwise, the first will you made will be under the risk of invalidity.
Source – Zaman newspaper |