International Inheritance Law in Turkey

Published on May 5, 2026 and written by Cyril Jarnias

In an increasingly globalized world, international inheritance law holds crucial importance, particularly in countries like Turkey where cultural and legal boundaries intersect.

Understanding conflicts of law in international inheritance matters becomes essential for anyone owning assets or having heirs distributed across multiple jurisdictions. The complexities arising from varied legislations can pose significant challenges, making thorough analysis of interactions between national and international laws indispensable.

This article aims to explore and clarify the particular issues emerging within the Turkish context, where legal and cultural realities intertwine, influencing the management and transmission of inheritances across borders.

Applicable Law for International Inheritances in Turkey

Fundamental Principles of Applicable Law for International Inheritances in Turkey

Turkish inheritance law is primarily governed by the Turkish Civil Code (Law No. 4721, Articles 495 to 682), which applies to both Turkish citizens and foreigners owning property in Turkey.

Private International Law Rules Applicable to International Inheritances

Turkey applies its own private international law rules (notably Law No. 5718 on Private International Law and Civil Procedure – PILCP). Regarding inheritances, the following distinction is made:

Type of Property	Applicable Law According to Turkish PILCP
Real Estate	Law of the location of the property (lex rei sitae)
Movable Property	National law of the deceased at the time of death

In case of multiple nationalities, Turkey prioritizes Turkish nationality if one of the deceased’s nationalities is Turkish. Otherwise, the nationality most closely connected to the person prevails. A will is generally recognized if it complies with either the testator’s national law, Turkish law, or the law of the place where it was drafted.

Management of Conflicts of Law and Role of Turkish Courts

Turkish courts have jurisdiction over inheritances involving property located in Turkey. They apply the aforementioned conflict of law rules to determine the law applicable to the inheritance. In case of dispute, courts examine the validity of wills, the distribution of compulsory shares, and all rights of heirs, while respecting mandatory rules of Turkish law (particularly the statutory inheritance share). The opening of the inheritance and issuance of the inheritance certificate (veraset ilami) fall under the jurisdiction of Turkish civil courts or notaries.

Application of the Hague Convention on Succession

Turkey is not a party to the Hague Convention of August 1, 1989 on the Law Applicable to Succession, and therefore this convention does not apply to international inheritances involving Turkey. Consequently, only Turkish national private international law rules and any applicable bilateral agreements apply.

Specific National Legislation and Recent Reforms

The Turkish Civil Code has been modernized to clarify the position of compulsory heirs and facilitate recognition of certain foreign acts. Recent legislation emphasizes formalizing inheritance procedures, particularly the establishment of the “tereke” (official inventory) and issuance of the inheritance certificate. The statutory inheritance share remains a fundamental principle: even a will cannot deprive compulsory heirs (spouse, children) of their minimum share.

Bilateral Agreements

Turkey has concluded bilateral agreements with certain countries to simplify recognition of inheritance decisions and documents issued abroad. These agreements can facilitate property transfer for nationals of signatory countries, but in the absence of an agreement, the procedure follows Turkish law.

Distinction Between Movable and Immovable Property

Property Category	Applicable Law in Turkey
Immovable Property	Turkish law (location of the property)
Movable Property	National law of the deceased

This distinction is essential: a foreign heir may have Turkish law applied to immovable property located in Turkey, even if the rest of the inheritance (movable property abroad) is governed by another national law.

Key Takeaways:

• Inheritances involving Turkey are governed by the Turkish Civil Code and national private international law rules.
• The statutory inheritance share is mandatory, even in the presence of a will.
• Turkish courts apply lex rei sitae for real estate and the national law of the deceased for movable property.
• The absence of ratification of the Hague Convention directs towards purely national or bilateral management of conflicts of law.

Conflicts of Law Among Expatriates in Turkey

Turkish Legal Framework Applicable to International Inheritances

Turkish inheritance law is primarily governed by the Turkish Civil Code (Law No. 4721, Articles 495 to 682), which applies to both Turkish citizens and foreigners owning property in Turkey. Expatriates are subject to the same rules as Turkish citizens regarding inheritance distribution, but certain specific aspects must be considered:

• Statutory Inheritance Share: A minimum portion of the inheritance must mandatorily go to compulsory heirs (children, surviving spouse, sometimes parents), even in the presence of a will.
• Property Concerned: Turkish law applies to all property located in Turkey, regardless of the nationality or domicile of the deceased.
• Will: A will drafted abroad must comply with forms recognized by Turkey to be valid for property located on its territory.

Main Legal Difficulties Faced by Expatriates

Expatriates often face the following issues when managing inheritances:

• Conflict between the law of domicile (habitual residence) and the law of nationality: For example, a French national residing in Turkey may have French law apply to certain aspects of their inheritance (particularly for property outside Turkey), while Turkish law applies to Turkish property.
• Recognition of Foreign Wills: A will established according to the rules of the country of origin may not be recognized in Turkey if it does not meet Turkish formal requirements.
• Forced Distribution: The compulsory shares imposed by Turkish law may override the deceased’s wishes expressed in a foreign will.

Problem	Turkish Law	Law of Country of Origin	Consequence for Expatriate
Statutory Inheritance Share	Mandatory for certain heirs	May be more flexible or different	Limitation of testamentary freedom
Foreign Will	Must comply with certain forms	Following national law	Risk of partial or total nullity
Immovable Property in Turkey	Subject to Turkish law	Sometimes subject to national law	Dual regime, complexity in execution

Relevant International Conventions

Turkey is not a party to the 1989 Hague Convention on International Succession. However, it recognizes certain principles of private international law:

• The law applicable to movable inheritance is generally that of the deceased’s last domicile.
• For immovable property located in Turkey, Turkish law applies mandatorily.
• In case of conflict, Turkish courts prioritize Turkish law for the protection of compulsory heirs.

Mechanisms to Mitigate Conflicts of Law

• Drafting Specific Wills: It is strongly recommended to draft a will compliant with Turkish law for property located in Turkey, even if a foreign will exists.
• International Arbitration or Mediation: In case of dispute, it may be useful to resort to alternative dispute resolution methods.
• Consultation with Bilingual Legal Experts: Advice from a notary or lawyer specialized in international inheritances and knowledgeable about Turkish law is essential.
• Formal Renunciation: Heirs who do not wish to accept the inheritance must formally renounce within three months.

Examples and Case Law

• A German national with property in Turkey had bequeathed all their property to their partner through a German will. The children, compulsory heirs under Turkish law, obtained a minimum share of the inheritance in Turkey, despite the will.
• A French family saw their notarized will partially invalidated for property located in Istanbul, due to failure to comply with Turkish formal requirements.

Impact of Cultural and Legal Differences

• Turkish Civil Law vs. Other Systems: Turkish law is inspired by civil law, but the concept of statutory inheritance share is particularly strict, which may surprise nationals from countries with a tradition of testamentary freedom (e.g., United Kingdom).
• Procedures and Formalities: Documentary requirements and the need for translated and apostilled documents complicate procedures.
• Perception of Family: Protection of legal heirs is embedded in Turkish legal culture, which limits individual maneuvering room.

Practical Tips for Expatriates

• Draft a separate will for property in Turkey, compliant with Turkish law.
• Anticipate the issue of statutory inheritance share and inform heirs of local rules.
• Consult a legal professional mastering both the language and the concerned legal systems.
• Prepare necessary documentation (translations, apostilles, death certificates, proof of ownership).

Key Takeaway

For expatriates in Turkey, inheritance planning must necessarily incorporate Turkish law, otherwise their wishes may be partially challenged and their heirs faced with complex and costly procedures.

Complex Inheritance Cases Between Turkey and Abroad

Main Conflicts of Law in International Inheritances Involving Turkey and Abroad

International inheritances between Turkey and foreign states frequently raise conflicts of law related to the diversity of concerned legal systems. Major issues lie in determining:

• the law applicable to all or part of the estate,
• the competent court,
• the formal and substantive validity of a will,
• as well as respecting compulsory shares (minimum protected portions for certain heirs).

Foundations of Turkish Inheritance Law

• Turkish law is governed by the Turkish Civil Code, which distinguishes legal heirs (children, spouse, parents) and heirs designated by will.
• Compulsory shares are mandatory: certain close relatives cannot be completely disinherited.
• The law provides that foreigners have the same inheritance rights as Turkish citizens.

Element	Specificity in Turkish Law
Compulsory Heirs	Minimum share guaranteed to children/spouse
Will	Respected but subject to respecting reserved shares
Estate	Includes assets AND liabilities

Interactions Between Turkish Law and Foreign Laws

Turkey applies its own conflict rule: The national law of the deceased applies to their movable property; for immovable property located in Turkey, Turkish law systematically prevails.

Thus:

• For a foreign national deceased with immovable property in Turkey: mandatory application of Turkish law to this property.
• For their bank accounts or other movable property: possible application of their national law.

In the European Union (excluding Denmark/Ireland), EU Regulation No. 650/2012 allows the deceased to choose as applicable law either that of their nationality or that of their habitual residence. Since Turkey is not a member, this regulation does not apply on its territory but may indirectly impact certain cross-border situations.

Common Case Types

1. Deceased Owning Property in Multiple Countries
   • Example: A Franco-Turkish person owns an apartment in Istanbul and a bank account in France.
     • The apartment will be subject to Turkish law (lex rei sitae).
     • The bank account may depend either on the place of opening or potentially on an option made by the deceased under certain European regimes.
2. Deceased with Multiple Nationalities
   • If a person is Franco-Turkish residing in Canada:
     • Canada will generally apply its local rule (often based on residence).
     • In Turkey: dual nationality considered only if it impacts the “primary” nationality at the time of death; priority given to the effective connection with the concerned country to determine which legislation applies to movable property excluding real estate located in Turkey.
3. Will Drafted Under Another Legislation
   • A German drafts their will according to German law but owns farmland near Izmir: The content will be analyzed for compliance with Turkish public policy—particularly regarding minimum shares guaranteed to compulsory heirs—even if this will is valid elsewhere.

Recent Examples Illustrating These Complexities

A recent case involves a British citizen living partially between London and Antalya whose children from a first marriage contest before English courts and then before Turkish jurisdiction a universal gift made to his new wife via an English will. Result: partial recognition only because certain provisions violate public policy related to mandatory inheritance rights provided by the Turkish Civil Code.

In another case opposing two Franco-Turkish brothers over a real estate portfolio shared between Paris and Istanbul: each state required that a specific portion located within its territory fall exclusively under its legal order, leading to dual parallel judicial proceedings due to insufficient bilateral or conventional agreement to simplify this complex inheritance.

Specific Legal Challenges

Non-exhaustive list:

• Difficulties related to legal fragmentation of estates
• Non-automatic recognition of foreign judgments outside bilateral conventions
• Potential incompatibility between mandatory inheritance rules (minimum shares)
• Sometimes different strict deadlines to accept/refuse inheritance

Possible Resolution Mechanisms

Mechanism	Description
Application lex rei sitae	Local law applied to real estate
European Regulations	Limited option unless all concerned countries EU members
Bilateral Conventions	Few in number; often absence of comprehensive agreement
Mutual Recognition of Judgments	Possible via exequatur
Mediation/Settlements	Used when amicable agreements feasible

In practice:

The combined application of national rules, supplemented sometimes by existing international conventions or by occasional recourse to competent courts via so-called “exequatur” procedures ultimately allows—not without complexities or delays—effective cross-border execution of a foreign inheritance decision.

Key Takeaway

International inheritances involving Turkey always require meticulous “asset-by-asset” analysis, considering both the concerned foreign legal system and that expressly provided by the Turkish Civil Code or any applicable international convention.