Foreigners in Turkey have limited rights compared to Turkish citizens, and some of their rights are restricted for various reasons, which is considered a sovereign necessity for the state. The question of whether foreigners can be heirs must be evaluated from several aspects according to Turkish legislation. There are some differences regarding the validity of foreigners' wills and inheritance certificates depending on whether they are Turkish citizens or not. In general, it cannot be considered that foreigners can acquire immovable property or rights in rem in Turkey without restrictions.
Laws applied to the inheritance rights of foreigners in Türkiye
Determining the laws applicable to disputes involving foreigners requires first consideration of the Code of Private International Law and Civil Procedure No. 5718. Article 20 of this law sets out the laws applicable to disputes arising from inheritance rights.
Inheritance in Turkish law
Inheritance is subject to the law of the country to which the deceased belonged. Turkish laws apply to immovable property located in Türkiye. The opening, reasons, acquisition and distribution of inheritance depend on the laws of the country in which the estate is located.
Immovable property
In the event that the immovable property subject to the inheritance is located in Turkey, Turkish laws apply directly to this inheritance regardless of the nationality of the foreigner. Immovable property includes land, houses, shops, and other real property.
Movable property
If the estate includes movable property such as cars, money or jewellery, the deceased's national law applies. In other words, the law of the country of origin of the deceased applies to the inheritance.
Inheritance rights for foreigners in Türkiye
Foreigners' access to immovable property and real rights in Turkey is subject to certain restrictions stipulated in Land Registration Law No. 2644, Article 35. This article states that foreigners of nationalities determined by the President, who comply with legal restrictions, can acquire immovable property and real rights Ltd. in Turkey. The area of property owned by foreigners in any given area must not exceed 10% of the area of the special area, nor exceed 30 hectares nationwide.
Inheritance certificate (declaration of inheritance) in Türkiye
There is no legal impediment to foreigners obtaining an inheritance certificate in Türkiye. Foreigners can apply for an inheritance certificate from the civil magistrate courts or from any notary public in Türkiye. However, inheritance certificates issued in foreign countries are not accepted in Türkiye without recognition and enforcement procedures.
The court with jurisdiction over inheritance-related lawsuits
Article 43 of the Law on Private International Law and Civil Procedure No. 5718 specifies the jurisdiction of Turkish courts in inheritance-related lawsuits. Cases are filed in the court of the deceased's last residence in Turkey, or if there is no residence in Turkey, in the court of the place where the property is located.
common questions:
Can foreigners be heirs in Türkiye?
Yes, according to Turkish law, foreigners can be heirs in Türkiye. However, it must be clear from civil status records whether the foreign person is eligible to inherit or not.
What law applies to disputes related to the inheritance of foreigners?
If the property being inherited is located in Türkiye, Turkish law applies directly. If the property is movable, the law of the deceased’s country applies.
Does the national law for foreign heirs matter?
No, what is important is the national law of the deceased. It does not matter which law the foreign heirs are subject to.
How is inheritance divided in Türkiye?
Inheritance in Türkiye is divided according to the provisions of the Turkish Civil Code, which follows the rules of Islamic law to some extent. The inheritance is divided among the heirs based on the relationship to the deceased. The husband or wife and children are the primary heirs, followed by parents and siblings.
When is inheritance entitled?
Inheritance is entitled upon the death of the person who owns the property and assets to be divided among the heirs.
Does Türkiye allow polygamy?
No, Türkiye does not allow polygamy. Second marriage or polygamy is illegal and punishable by law.
What are inheritance rights?
Inheritance rights include the right to receive a portion of the deceased's property and assets based on the degree of kinship. The husband or wife gets a share, and the children do as well. In the event that there is no spouse or children, rights pass to closest relatives such as parents and siblings.
Is real estate bequeathed to foreigners in Türkiye?
Yes, foreigners can inherit real estate in Turkey, but there are some restrictions and conditions that must be taken into account based on the nationality and legislation of each country.
What are the cases of division of inheritance?
Division of inheritance takes place in cases of a person’s death and the presence of legal heirs. The division is based on specific rules in Turkish law, which determine the lineage of heirs based on the degree of kinship.
Why can't a Syrian own property in Türkiye?
Syrians cannot own property in Turkey due to the legal restrictions imposed by the Turkish government, which prevent some nationalities from owning real estate in Turkey on the one hand, and also under the law of reciprocity between the two countries on the other hand.
Can the homeowner evict the tenant in Türkiye?
Yes, the landlord can evict the tenant, but he must follow the legal procedures in force in Turkey that guarantee the tenant's rights such as providing advance notice and paying any compensation due.
What nationalities are not entitled to own property in Türkiye?
Nationalities that are not entitled to own property in Türkiye include Syrians, Armenians, and Greeks. Laws may vary based on diplomatic relations and agreements between countries.
Commenti