FAQs on Inheritance Rights for Foreigners in Turkey
1. Can foreign nationals inherit property in Turkey?
Yes, foreign nationals can inherit both movable and immovable assets in Turkey. However, the process requires compliance with specific legal procedures, including obtaining a Certificate of Inheritance from Turkish courts.
2. What is a Certificate of Inheritance, and why is it important?
A Certificate of Inheritance is a legal document issued by Turkish courts that confirms the heirs' rights to the deceased's assets. Without it, foreign heirs cannot register real estate, access financial accounts, or exercise other inheritance rights.
3. What law applies to inheritance cases involving foreign nationals in Turkey?
Inheritance cases involving foreign nationals are governed by the Law on International Private and Procedural Law (No. 5718). The applicable law depends on the nature of the assets:
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Immovable Assets (e.g., real estate): Governed by Turkish law.
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Movable Assets (e.g., money, vehicles): Governed by the deceased’s national law.
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Wills: Governed by the law of the deceased’s nationality or the law of the country where the will was made, as per Article 7 of Law No. 5718.
4. Can foreign heirs inherit real estate in Turkey?
Foreign heirs can inherit real estate in Turkey if:
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They are from a country listed in a Presidential Decree permitting inheritance.
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They comply with limitations under the Land Registry Law (Article 35), such as restrictions on land ownership in certain districts and the maximum land area allowed per individual.
5. What happens if a foreign heir is not eligible to inherit real estate?
If a foreign heir is ineligible to inherit real estate, the property must be sold, and the proceeds distributed among the heirs.
6. What documentation is required for inheritance cases in Turkey?
Foreign heirs must provide:
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Population registry documents or equivalent records proving their relationship to the deceased.
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Death certificates and other relevant official documents.
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Apostilled translations of all documents into Turkish, authenticated by a notary public.
7. How is movable property inherited by foreign nationals?
Movable property (e.g., money, vehicles, personal belongings) is governed by the deceased’s national law. Foreign heirs must provide proof of their relationship to the deceased and submit the necessary legal documents to Turkish courts.
8. How are disputes over inheritance handled in Turkey?
Inheritance disputes are resolved by Turkish courts under the jurisdiction rules of Article 43 of Law No. 5718:
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Cases involving immovable property are handled by the Civil Court of Peace where the property is located.
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Cases involving movable property are handled based on the deceased's last residence or where the assets are located in Turkey.
9. What is the process for recognising foreign court rulings in Turkey?
Foreign court rulings related to inheritance must be recognised and enforced by Turkish courts. Other foreign documents, such as population registries, can serve as evidence in obtaining a Certificate of Inheritance.
10. Are there restrictions on foreign ownership of inherited real estate?
Yes, restrictions include:
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Ownership by foreign nationals cannot exceed 10% of the private land area in a district.
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Individuals cannot own more than 30 hectares of land across Turkey.
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Property ineligible for inheritance must be sold, and the proceeds distributed among heirs.
11. What is the role of CCS Law in inheritance cases for foreign nationals?
CCS Law provides expert legal support for:
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Obtaining Certificates of Inheritance.
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Resolving disputes involving movable and immovable property.
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Navigating restrictions on foreign ownership and compliance with Turkish law.
Our experienced team ensures the rights of foreign heirs are protected and the inheritance process is efficient.