A foreigner can make a will in Turkey before a notary with two witnesses or in his or her own handwriting, and a will made abroad is valid in form if it complies with the law of the place where it was made or the testator's national law. Succession follows the deceased's national law, but Turkish law always applies to real estate in Turkey, including the reserved shares of descendants, parents and the spouse (Law No. 5718, Article 20; Civil Code, Article 506).
Key takeaways
Many foreigners own an apartment in Istanbul or a villa on the coast but have never thought about what happens to it when they die. Without a will, Turkish property passes under Turkish rules of intestate succession, which may not match what the family expects. A will made abroad can also run into difficulties if it conflicts with Turkish rules on reserved shares. This guide explains which law applies, the forms of will recognised in Türkiye and how a will is opened and enforced after death.
Article 20 of the Code on Private International and Procedural Law (Law No. 5718) contains the basic rule: succession is governed by the national law of the deceased, but Turkish law applies to immovable property located in Türkiye. In practice this splits the estate:
| Asset | Governing law |
|---|---|
| Apartment, house or land in Türkiye | Turkish law |
| Bank accounts, shares, vehicles and other movable assets | National law of the deceased |
| Opening, acquisition and distribution of the estate | Law of the country where the estate is located |
| Capacity to make a will | National law of the testator at the time the will is made |
A British or German owner of Turkish property can therefore leave a bank account under his or her own law, while the Turkish apartment follows Turkish rules, including the reserved shares described below.
Usually yes. Under Article 20(4) and Article 7 of Law No. 5718, a will is valid in form if it complies with the law of the country where it was made, with the law governing the succession, or with the national law of the testator. A will signed before a notary in London or Dubai can therefore be used in Türkiye.
To use it before a Turkish court or land registry, the will needs an apostille or consular legalisation and a sworn Turkish translation. Validity of form does not, however, override Turkish reserved shares where Turkish real estate is concerned, so a will that leaves a Turkish property entirely to one person may be open to challenge.
Article 531 of the Turkish Civil Code recognises three forms.
| Form | Requirements | When it is used |
|---|---|---|
| Official will | Drawn up by a notary, a judge of the civil court of peace or another authorised official, with two witnesses (Article 532) | The safest option, and the most common for foreigners |
| Handwritten will | Written entirely and signed in the testator's own handwriting, with the year, month and day (Article 538) | Simple and private, but easier to challenge; it can be deposited with a notary |
| Oral will | Declared to two witnesses in an emergency such as imminent danger of death, illness, war or interrupted communications (Article 539) | Only in extraordinary situations |
Anyone who has the capacity to discern and has completed the age of fifteen can make a will under Turkish law (Article 502). For a foreigner, capacity is assessed under his or her national law. A foreigner who does not speak Turkish can make an official will at a Turkish notary with a sworn translator.
Turkish law protects certain close relatives with a reserved share (saklı pay), which a will cannot take away without a lawful reason for disinheritance. Under Article 506 of the Civil Code:
Siblings have had no reserved share since 2007. The part of the estate above the reserved shares is the freely disposable portion, which can be left to anyone. If a will exceeds it, the affected heirs can bring an action for reduction (tenkis) within one year from learning that their reserved share was impaired, and in any event within ten years from the opening of the will (Article 571). Our guide to reserved share claims explains these actions in detail.
Where the deceased had no domicile in Türkiye, the competent court is determined under Law No. 5718, and a foreign will must first be apostilled and translated before it can be opened.
We draft Turkish wills for foreign property owners, coordinate them with wills made abroad, arrange official wills at a notary with a sworn translator, and act for heirs in opening the will, obtaining the certificate of inheritance and transferring property. See our inheritance law service and our overview of Turkish inheritance law. Contact us to describe your situation and request information about the procedure and fees.
Yes. A foreigner can make an official will at a Turkish notary with two witnesses and, if needed, a sworn translator, or a handwritten will. Capacity is assessed under the foreigner's national law.
A will made abroad is valid in form if it complies with the law of the country where it was made, the law governing the succession or your national law. For Turkish real estate, however, Turkish law applies, including the reserved shares of close relatives.
Turkish law. Article 20 of Law No. 5718 applies Turkish law to immovable property in Türkiye, while other assets follow the national law of the deceased.
Only within the freely disposable portion. Descendants, parents and the spouse have reserved shares under Article 506 of the Civil Code, and they can claim them through an action for reduction.
By the judge of the civil court of peace of the deceased's domicile, within one month after the will is delivered to the court.
