Wills in Turkey for Foreigners: 2026 Legal Requirements

Can a foreigner make a will in Turkey?

Yes. Turkish law does not reserve the right to make a will to Turkish citizens. A foreign testator may execute a will for assets in Turkey, including real estate, bank deposits, company interests, receivables and movable property. The central legal questions are not nationality alone, but capacity, applicable law, form, reserved shares and the location of the assets.

For foreign clients, the starting point is not simply the Turkish Civil Code. The conflict-of-laws rules in Law No. 5718 must be applied first. Article 20(1) provides that succession is governed by the deceased’s national law, but makes a specific exception for immovable property situated in Turkey: Turkish law applies to immovables in Turkey. Article 20(4) governs the form of testamentary dispositions, and Article 20(5) governs testamentary capacity by reference to the testator’s national law at the time of the disposition.

This distinction matters. A foreign national may have one estate spread across several countries, but a flat, villa, land parcel or commercial property in Turkey is subject to the Turkish-law rule stated in MÖHUK Article 20(1). The estate plan should therefore be prepared asset by asset rather than by assuming that one country’s succession rules automatically control everything.

Which law applies to a foreigner’s estate in Turkey?

MÖHUK Article 20 provides the statutory succession conflict rules, subject to applicable treaties under Article 1(2). Its first paragraph states two propositions: succession is generally subject to the deceased’s national law; Turkish law applies to immovable property located in Turkey. Paragraph 2 further provides that rules relating to the opening, acquisition and distribution of the succession are governed by the law of the country where the estate is situated. Paragraph 4 addresses the form of testamentary dispositions, while paragraph 5 addresses capacity.

For readers who need the broader conflict-of-laws framework, see our separate guide on Turkish inheritance law for foreigners under MÖHUK Article 20. The present guide focuses specifically on wills.

The practical result is that a lawyer reviewing a foreigner’s will must identify at least four points: the testator’s nationality, the country where the will was made, the nature of each asset, and the country in which each asset is located. A Turkish apartment and a foreign bank account may therefore require different substantive-law analyses even when they appear in the same testamentary document.

Living abroad, nationality and dual citizenship

Living in Germany, the Netherlands or another country does not, by itself, make that country’s law the deceased’s national law. Nationality, residence and the location of property are distinct connecting factors. Where MÖHUK selects law by nationality, Article 4 generally applies Turkish law to a dual national who also has Turkish citizenship; for multiple non-Turkish nationalities, it selects the more closely connected nationality. Treaty rules and specific provisions must still be checked.

A passport history, current citizenship documents, residence information and any existing wills therefore belong in the initial review. A translation of a foreign will does not answer which succession law applies to each asset.

Capacity to make a will: Turkish Civil Code Article 502 and MÖHUK Article 20(5)

Under Turkish Civil Code Article 502, a person can make a will if that person has discernment and has completed the age of fifteen. This is the Turkish substantive rule on testamentary capacity.

For a foreign testator, however, MÖHUK Article 20(5) must also be considered. It states that capacity to make a testamentary disposition is governed by the national law of the person making the disposition at the time of the act. Therefore, a cross-border capacity analysis cannot stop at Article 502. The testator’s national law at the time the will is made is legally relevant.

Capacity is also a litigation issue after death. Turkish Civil Code Article 557 expressly lists lack of testamentary capacity at the time of execution as a ground for an action to annul a testamentary disposition. Medical evidence, the timing of diagnoses and medications, witness evidence and the circumstances of execution can become decisive when capacity is disputed. The relevant question is capacity when the will is made. An official execution record can provide evidence of that process, but does not prevent a later challenge under Article 557.

The three forms of wills under Turkish law: Article 531

Turkish Civil Code Article 531 is clear: a will may be made in official form, in the testator’s handwriting, or orally. These are not interchangeable informal labels. Each form has separate statutory requirements.

The official form uses an authorized officer and two witnesses, with official custody of the original under Articles 532–537. These are statutory features, not a guarantee that the will cannot be challenged. A handwritten will remains legally recognized if every requirement of Article 538 is satisfied. An oral will is not a convenience option; Articles 539–541 reserve it for extraordinary circumstances in which the testator cannot use the official or handwritten forms.

Official wills in Turkey: Articles 532–537

Article 532 provides that an official will is prepared by an official officer with the participation of two witnesses. The official officer may be a peace judge, a notary, or another officer authorized by law.

Article 533 sets out the ordinary execution sequence. The testator communicates the testamentary wishes to the official officer. The officer writes or has the will written and gives it to the testator to read. The testator reads and signs it; the officer signs and dates it. Article 534 then requires the testator, immediately after the date and signature have been added, to declare before two witnesses that the document was read and contains the testator’s final wishes. The witnesses sign the required statement. The contents do not have to be disclosed to the witnesses.

Article 535 creates a special procedure where the testator cannot personally read or sign the will. In that case, the officer reads the document to the testator in the presence of two witnesses, the testator confirms that it contains the final wishes, and the witnesses make and sign the statutory declarations.

Article 536 is particularly important when choosing witnesses. Persons without legal capacity, persons barred from public service by a criminal-court decision, illiterate persons, the testator’s spouse, ascendants, descendants, siblings and the spouses of those persons cannot participate as the officer or witnesses in an official will. The same article also restricts benefits granted in the will to the participating officer, witnesses and specified relatives. Choosing an ineligible witness can therefore create avoidable validity problems.

Finally, Article 537 requires the officer who prepares the official will to keep the original. Before execution, confirm which officer will retain the original and how it can be located after death. Official custody does not replace compliance with capacity, form or reserved-share rules.

Handwritten wills: Article 538 is strict

To qualify as a Turkish-law handwritten will, the document must meet Article 538. A document relying on a foreign-law form requires the separate cross-border analysis below. The will must be written from beginning to end in the testator’s own handwriting, show the year, month and day on which it was made, and be signed by the testator.

This means that a typed document merely signed by the testator is not a handwritten will under Article 538. A document written by another person and signed by the testator does not satisfy the statutory handwritten form either. The date is not decorative; Article 538 expressly requires year, month and day.

The statute also allows the handwritten will to be deposited, either open or sealed, with a notary, a peace judge or another authorized officer. Deposit is not what makes the handwritten document valid; compliance with the handwriting, date and signature requirements does. Deposit is nevertheless highly useful because it reduces the risk of loss, concealment or destruction and helps ensure that the will reaches the court after death.

Foreign clients should also avoid using a handwritten Turkish-law will as an improvised translation exercise. If the testator is not fully comfortable with the legal consequences of the wording, the estate plan should be drafted and checked first, after which the form selected under the applicable law can be executed correctly.

Oral wills: Articles 539–541 apply only in extraordinary circumstances

Article 539 allows an oral will only when the testator cannot make an official or handwritten will because of an extraordinary situation such as imminent danger of death, interruption of transport, illness or war. The testator communicates the final wishes to two witnesses and instructs them to write or have written a document consistent with that statement.

Article 540 requires prompt documentation and delivery to a peace or civil court, together with the witnesses’ declarations concerning capacity and the extraordinary circumstances. The article also contains special rules for military service, transportation outside the country’s borders and treatment in a health institution.

Article 541 prevents the exceptional form from becoming permanent. If the testator later regains the possibility of making a will in another statutory form, the oral will ceases to have effect one month after that possibility arises. An oral will should therefore never be treated as a substitute for routine estate planning.

Will made abroad: can it be valid in Turkey?

Yes, a will made abroad can be recognized as formally valid in Turkey. The relevant rules are broader than a simple requirement to execute the document before a Turkish notary.

MÖHUK Article 20(4) sends the question of form to Article 7 and additionally states that a testamentary disposition made in accordance with the deceased’s national law is valid. Article 7 provides that a legal act may comply with the form required by the law of the country where it is made or with the substantive-law form rules of the law governing the act.

The HCCH status table lists Türkiye as a party to the 1961 Hague Form of Wills Convention. The Convention uses multiple connecting factors to protect formal validity, including the law of the place of execution, nationality, domicile, habitual residence and, for immovable property, the place where the property is situated, subject to the Convention’s provisions and Türkiye’s reservations.

Türkiye’s reservations under Articles 9, 10 and 12 address the determination of domicile, certain oral dispositions by solely Turkish nationals, and clauses outside succession matters. Those reservations should be checked against the particular document. Formal validity does not mean that every substantive clause will automatically produce the intended result. For Turkish immovable property, MÖHUK Article 20(1) makes Turkish law applicable. Reserved-share rules, property-law rules and mandatory provisions can therefore affect the ultimate distribution even if the foreign will is formally valid.

When a foreign will must be used before Turkish authorities or courts, the foreign document may also require authentication or apostille and a certified Turkish translation depending on the issuing country, applicable treaty and procedure. Our separate guides cover foreign-will validity and the Hague Convention, and apostille and certified translation for foreign documents used in Turkey. Authentication concerns the document’s origin; it does not decide capacity, reserved shares or the effect of its gifts.

Reserved shares: a will cannot ignore Turkish Civil Code Articles 505–506 where Turkish law applies

Testamentary freedom is not unlimited under Turkish inheritance law. Article 505 provides that a testator who has descendants, parents or a spouse may dispose freely only of the portion remaining outside the reserved shares. If none of those heirs exists, the entire estate can be disposed of by testamentary disposition.

Article 506 sets the current reserved-share ratios. A descendant’s reserved share is one half of the statutory share. Each parent’s reserved share is one quarter of that parent’s statutory share. The old statutory reserved share for siblings was abolished in 2007 and is no longer in force. For a surviving spouse, the reserved share equals the entire statutory share when the spouse inherits together with descendants or the parents’ class, and three quarters of the statutory share in other cases.

This is a critical drafting point for foreigners owning real estate in Turkey. A clause that says “I leave my Turkish apartment entirely to X” must still be tested against the mandatory succession rules applicable to the Turkish immovable and the testator’s family structure. If reserved shares are infringed, Article 560 gives protected heirs a reduction action against dispositions exceeding the disposable portion.

Can a will be revoked or replaced?

Yes. Turkish Civil Code Article 542 permits the testator to revoke an earlier will at any time by making a new will in one of the legally recognized forms. The revocation can be total or partial.

Article 543 also recognizes revocation by destruction. A will that is destroyed by accident or by the fault of a third party becomes ineffective where its contents cannot be established fully and exactly, without prejudice to possible compensation claims. Article 544 governs later dispositions: where a new will is made without expressly eliminating the earlier one, the later will generally replaces the earlier one unless it clearly operates as a supplement. A later transaction inconsistent with a specific legacy may also eliminate that legacy, subject to the wording of the will.

Cross-border estates should avoid multiple wills that accidentally revoke one another. If separate wills are used for different countries, each should clearly identify its territorial and asset scope and expressly state whether it supplements or replaces earlier instruments.

What happens to a will after death? Articles 595–597

Turkish law imposes a direct delivery duty. Under Article 595, any will found after the death must be delivered immediately to the peace judge, regardless of whether the finder believes the will is valid. The person who prepared or held the will, kept it at the testator’s request, otherwise obtained it, or found it among the deceased’s belongings must perform this duty upon learning of the death. Failure can create liability for resulting damage.

Article 596 requires the will to be opened by the peace judge of the deceased’s last domicile (yerleşim yeri) within one month after delivery, regardless of its validity, and read to the interested persons. Known heirs and other interested parties are invited if they wish to attend. Article 597 requires the court to serve certified copies of the relevant parts on persons entitled under the will.

Opening and reading the will is not a final judgment that every clause is valid. Article 596 requires opening even where validity is disputed. An annulment or reserved-share dispute must be examined through its own legal procedure; the opening record should be kept with the original and service documents.

Heirs living in Germany who are considering rejecting an inheritance can consult our German-language guide to inheritance rejection in Turkey, applicable law and deadlines. Each heir’s legal position and time limit require a separate assessment.

How can a will be challenged in Turkey?

Article 557 lists four statutory grounds for an annulment action: the disposition was made when the testator lacked testamentary capacity; it resulted from mistake, fraud, intimidation or coercion; its content, conditions or burdens violate law or morality; or it was made without observing a form required by law.

Under Article 558, an heir or testamentary beneficiary with an interest in annulment can bring the action. Article 559 sets a one-year period from learning of the disposition, the annulment ground and the claimant’s entitlement. For wills, the long-stop runs from opening: ten years against a good-faith defendant and twenty years against a defendant who is not in good faith. The one-year deadline can expire much earlier. Article 559 also preserves the ability to raise invalidity as a defence. Annulment and reduction have different time-limit rules; receiving a will or court notice calls for a prompt, document-specific calculation.

Separate from annulment, Article 560 gives an heir who has not received the value of the reserved share a right to seek reduction of dispositions exceeding the disposable portion. Annulment and reduction are different remedies with different legal predicates. A valid will may still be reduced if it violates reserved shares. For that separate remedy, see our reserved-share reduction guide under Articles 560–571.

Practical checklist for a foreign owner making a will for assets in Turkey

1. List the assets by country and type. Separate Turkish immovable property from movable assets and assets located abroad.
2. Confirm nationality and any multiple nationality. MÖHUK uses nationality as a connecting factor in succession and capacity.
3. Identify the law applicable to each asset. Turkish law applies to immovable property in Turkey under MÖHUK Article 20(1).
4. Choose the correct form. If using Turkish law, select an official or handwritten will that strictly complies with Articles 531–538. Do not plan around an oral will.
5. Calculate reserved shares before fixing beneficiaries. Articles 505–506 and the reduction rules must be checked where Turkish succession law applies.
6. Coordinate wills in different countries. Avoid clauses that unintentionally revoke a foreign or Turkish will covering different assets.
7. Prepare foreign documents for Turkish use. Check apostille/legalization and certified translation requirements.
8. Secure the original. Official custody or lawful deposit of the instrument reduces the risk of loss.
9. Review after major life changes. Marriage, divorce, birth, death, acquisition or sale of property and change of nationality can materially alter the estate plan.

Can the process be handled from abroad?

Much of the preparatory legal work can be handled while the client remains abroad: asset review, title-deed review, family-tree analysis, conflict-of-laws analysis and drafting instructions. Where a Turkish lawyer must perform procedural acts after death or in a dispute, a properly issued power of attorney may be used within the scope permitted by law. See our guide on issuing a power of attorney for a lawyer in Turkey from abroad.

The execution of the will itself must satisfy the law governing its form. A power of attorney cannot be used to have an attorney “make the testator’s will” in place of the testator; a will is a personal testamentary disposition. Legal representation is useful for planning, documentation and later procedures, not as a substitute for the testator’s own testamentary act.

Official legal sources

• Turkish Civil Code No. 4721 — especially Articles 502, 505–506, 531–544, 557–560 and 595–597.
• Law No. 5718 on Private International Law and International Civil Procedure — especially Articles 1, 4, 7 and 20.
• HCCH 1961 Form of Wills Convention , status table and Türkiye’s reservations.

Frequently Asked Questions

Conclusion

For a foreign owner, a will concerning Turkish assets should be drafted as a cross-border legal instrument, not as a generic template. The controlling framework is clear: MÖHUK Article 20 determines the succession-law connections; Article 20(4) together with Article 7 and applicable treaty rules protects qualifying forms; Turkish Civil Code Articles 531–541 regulate Turkish will forms; Articles 505–506 limit testamentary freedom through reserved shares where Turkish law applies; and Articles 595–597 govern delivery and opening after death.

Before execution, the client’s nationality, family structure, Turkish real estate, movable assets, foreign assets and any existing wills should be reviewed together. The review should identify any conflict between existing wills, the chosen form’s requirements and any protected shares before the document is executed.

Planning a will for Turkish assets from abroad

For an initial review, prepare a list of assets by country, the title-deed references for Turkish real estate, nationality and family information, and copies of existing wills. These are planning materials, not a universal statutory document list. The executing officer’s identification, translation, witness and other requirements should be confirmed for the chosen procedure before an appointment is arranged.

Bakırcı & Keskin Law Office has physical offices in Istanbul (Maslak/Sarıyer) and Mersin (Akdeniz). Work concerning Turkish assets in other cities can be coordinated from Mersin according to the documents, required authorization and local procedures. Clients abroad can use the contact and language information to request a review. The scope and document-sharing method should be agreed before sensitive estate records are sent.

Legal-source review: 10 October 2026. This guide provides general information. The applicable national law, treaty rules and individual estate documents require separate assessment; execution or an inheritance outcome is not guaranteed.