Table of Contents
1. Introduction
The Turkish legal system has certain limitations to the right of inheritance for persons who are not of Turkish citizenship. This article looks at the rights of foreigners concerning inheritances in Turkey, the legal basis of such rights, and how CCS Law can assist in such processes.
2. Legal Framework for Inheritance Rights of Foreigners
2.1 Applicable Law
Under the Law on Private International Law and Procedure No. 5718 (MÖHUK), it provides the principle of inheritance in favor of foreigners. In determining a foreigner's right of inheritance, the deceased's nationality plays a major role in identifying which country's laws are to be applied.
2.2 Movable and Immovable Inheritance
It is the form of the inheritance that will determine the applicable law:
Immovable Property: For real estate located in Turkey, Turkish law shall apply.
Movable Property: The law in respect of movable assets acquired by a foreign individual will be the law of the country of nationality of the deceased.
3. Applicable Law for Testamentary Dispositions
3.1 Formal Requirements
Testamentary dispositions include wills and inheritance contracts and may be valid according to the law of either the deceased's country of nationality or the country in which the disposition is made.
3.2 Capacity Requirements
Testamentary disposition shall be made by a person who has the capacity to do so as determined by that person's national law and only under conditions or circumstances specified thereby.
4. Limitations on Inheritance Rights for Foreigners
The rights of foreign nationals to receive immovable property in Turkey are regulated under the Law of Land Registry No. 2644, dated 22 December 1982, within the frame of Article 35. In these respects, foreign individuals can acquire real estate only if they are citizens of countries specified by the President. Inheritance Rights: The Rights and Limitations of Non-Turkish Citizens
5. Foreign Inheritance Certificates and Validity
In this respect, a succession certificate issued and prepared in a foreign country should be subject to the recognition and enforcement procedures for being valid in Turkey. To put in other words, the completion of those processes is one of the substantially necessary conditions of the validity of foreign court decisions in Turkey.
6. How CCS Law Can Assist
CCS Law thus provides a series of professional services to support non-Turkish citizens in all matters concerning their rights of inheritance:
- Legal Consultation: Providing the necessary legal insights, along with processing the related procedures concerning inheritance law.
- Will Drafting: The preparation of wills, in accordance with Turkish law, for foreigners.
Inheritance Certificates Procedures: Establishment of recognition, and giving it its full execution power in the foreign inheritance certificates.
- Property Transactions: Providing legal assistance in foreign ownership of real estate.
7. Conclusion
Consequently, the inheritance rights of foreign nationals within the borders of the Republic of Turkey could be subject to particular law and restrictions. The legal rules regarding foreigners' inheritance should be followed to the end; of course, professional support is recommended in their follow-up. CCS Law provides comprehensive and professional support in this aspect for individuals in need.
Please do not hesitate to contact us for more detailed information about inheritance rights in Turkey and for any other legal issue you may have in relation to inheritances as a foreigner. CCS Law provides individualised legal services via its experienced team.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
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