Legacy Claim in Turkey: Civil Code Articles 600–602 for Foreign Will Beneficiaries
1. What is a legacy under Turkish inheritance law?
Turkish inheritance law distinguishes an appointed heir from a legacy beneficiary (vasiyet alacaklısı). The distinction is fundamental because the two acquire different legal positions at death.
An appointed heir participates in the estate as an heir. By contrast, a person who is left a specific asset, right, payment, usufruct, periodic performance or other defined benefit generally acquires a personal claim to performance under Article 600. The beneficiary does not automatically step into the entire estate or become jointly responsible for the deceased’s debts merely because a particular benefit was left by will.
The wording of the will must therefore be analyzed before proceedings begin. A clause saying “I appoint X as heir to one-half of my estate” creates a different structure from “I leave my apartment in Mersin to X.” The first points toward appointed heirship; the second points toward a specific legacy claim, subject to the complete will and applicable law.
The statutory text of Articles 600–602 is available in the Turkish Grand National Assembly publication of the Civil Code.
2. Article 600: against whom does the beneficiary have a claim?
Article 600 states that the legacy beneficiary has a personal claim against the executor of the will if an executor exists. If there is no executor, the claim is directed against the legal or appointed heirs who bear the testamentary obligation.
This means the beneficiary should identify the correct defendant before filing. If the will appoints an executor with authority to implement the legacy, the executor’s role under Articles 550–556 must be examined. Our guide on executor of a will in Turkey explains the executor’s inventory, administration, legacy-performance and representation duties.
Where no executor exists, the beneficiaries must identify the heirs who are legally charged with performance. That usually requires the inheritance certificate, the opened will and the succession structure. A foreign beneficiary should not sue a convenient relative merely because that person lives in Turkey; the claim must be directed to the person legally bearing the legacy obligation.
Article 600 describes the claim as personal. The beneficiary’s position must therefore be distinguished from ownership already registered in the beneficiary’s name. A clause leaving a Turkish apartment does not itself complete the land-registry transfer. The beneficiary obtains the statutory claim to the performance required to transfer the right.
3. When does the legacy claim become due?
Unless a different rule is apparent from the testamentary disposition, Article 600 makes the claim due when the person charged with the legacy accepts the inheritance or loses the right to reject it. The beneficiary therefore must distinguish acquisition of the testamentary benefit from the date on which performance can legally be demanded.
This matters when heirs are still within the renunciation period. A beneficiary cannot ignore the estate’s acceptance/rejection framework and assume that every legacy is immediately enforceable the day after death. The will can also specify a later date, condition or structure that affects maturity.
If the estate enters official liquidation, the beneficiary’s position must be handled within that process. If the heir rejects the inheritance, the identity of the person or estate representative against whom performance is pursued can change. The beneficiary should therefore monitor the inheritance file rather than focusing only on the will’s substantive wording.
For the broader estate-administration alternatives, see official estate inventory under Articles 619–629 and official liquidation under Articles 632–636.
4. What can the beneficiary sue for?
Article 600 gives concrete remedies where the person charged with the legacy does not perform. If a specific asset was bequeathed, the beneficiary may sue for delivery of that asset. If a right was bequeathed, the beneficiary may sue for transfer of the right. If the subject of the legacy is a particular act and the obligated person does not perform it, the beneficiary may seek compensation for the damage caused by non-performance.
For Turkish real estate, the requested relief must match the land-registry result. The beneficiary should identify the property by its official title-deed data, prove the testamentary clause and establish that the defendant is obligated to complete the transfer. A vague request referring only to “the family apartment” is not an adequate litigation strategy where the asset can be identified by parcel and independent-section records.
Where the legacy concerns money, the amount, currency, maturity and any conditions in the will must be read exactly. Where it concerns company shares, intellectual property or another registered right, the transfer mechanism of the relevant substantive law must be integrated into the inheritance claim.
The beneficiary should also check whether the testamentary disposition is being challenged. Opening of the will does not itself establish final validity. If an heir files an action under Articles 557–559, the validity dispute may affect performance. See contesting a will in Turkey.
5. Article 601: usufruct, annuity, recurring performance and insurance
Article 601 addresses special types of testamentary benefit. Where the deceased leaves a usufruct, an annuity or another periodically recurring performance, the beneficiary’s claim is governed—unless the testamentary disposition provides another basis—by the relevant property-law and obligations-law rules.
A usufruct over Turkish real estate therefore cannot be implemented merely as an informal family arrangement. The scope of the right, registration and property-law consequences must be handled under the rules applicable to usufruct in addition to the testamentary source of the claim.
Recurring payments likewise require attention to frequency, amount, duration, indexation if any, termination events and the estate’s ability to satisfy the obligation. The will should be read together with the rules governing the type of recurring obligation that was created.
Article 601 also contains a direct rule for life-insurance proceeds. If the deceased bequeaths an insurance claim payable at death, the beneficiary may exercise the contractual claim directly against the insurer. This statutory direct-action structure distinguishes such a benefit from an ordinary asset that must first be delivered by an heir.
6. Article 602: the ten-year limitation period
Article 602 states that the beneficiary’s right of action becomes time-barred ten years after the beneficiary learns of the testamentary benefit. If the legacy obligation becomes due later, the ten-year period runs from the later maturity date instead.
The limitation analysis must therefore identify both knowledge and maturity. A foreign beneficiary may learn of a will months after death because the beneficiary lives abroad, the will is opened in Turkey later, or notice is made after the court locates the beneficiary. Service records and the will-opening file can become important evidence of the knowledge date.
If the will specifies that a payment is due only when a property is sold or when another stated event occurs, the maturity analysis may differ from a legacy that is immediately due following acceptance of the inheritance. The exact testamentary language must be preserved and translated accurately.
A beneficiary should not treat ten years as a reason to delay. Assets can be transferred, evidence can become harder to obtain and the estate’s administration can conclude. The legally available period is not a recommended waiting period.
7. Creditor priority and later recovery under Articles 603–604
Article 603 establishes an order of priority relevant to beneficiaries. Creditors of the deceased have priority over legacy beneficiaries; legacy beneficiaries have priority over the personal creditors of the heirs. Creditors of heirs who accepted the inheritance unconditionally and creditors of the deceased have the rights stated by the provision.
This means a beneficiary cannot demand distribution as though the legacy stands ahead of valid estate debts. Estate solvency must be assessed before assuming the bequeathed property can be transferred free of the deceased’s creditor position.
Article 604 addresses another risk. If heirs perform a legacy and later pay debts of the deceased that they did not previously know about, they may recover from the beneficiary to the extent they could have sought reduction of the legacy. The beneficiary’s liability is limited to enrichment that still exists at the time of the recovery claim.
These rules are especially important when the estate contains hidden liabilities. A foreign beneficiary who receives a high-value Turkish asset should preserve estate documentation rather than assuming the transfer can never be revisited.
8. Foreign beneficiaries, foreign wills and Law No. 5718
When the deceased or beneficiary is foreign, the Turkish court must first address the applicable private-international-law rules. Article 20 of Law No. 5718 generally points succession to the deceased’s national law but applies Turkish law to immovable property located in Turkey.
A legacy of Turkish real estate therefore requires particular care. The will may have been executed abroad and valid under a foreign form, but the succession and property consequences concerning the Turkish immovable must be analyzed under the Turkish conflicts framework and the applicable Turkish property-registration rules.
See our guide on Turkish inheritance law for foreigners under MÖHUK Article 20. Where the will or civil-status documents were issued abroad, also review apostille and certified translation for foreign documents used in Turkey.
If the beneficiary has not yet received formal notice of the will, the Articles 595–597 opening procedure should be checked. See opening and reading a will in Turkey.
9. Documents and enforcement strategy for a foreign beneficiary
A beneficiary’s file should begin with the complete will, not a translated extract or family summary. Obtain the original or official copy, the Turkish court record opening the will, proof of service, and any Article 598 certificate identifying the appointed heir or beneficiary.
Second, identify the person charged with performance. Determine whether an executor exists and whether the heirs have accepted, rejected or subjected the estate to official administration. Third, identify the bequeathed asset precisely. For real estate, obtain title data; for bank funds, identify the institution and claim; for shares, obtain company records; for insurance, obtain the policy and insurer details.
Fourth, calculate Article 602’s ten-year period from the correct statutory starting point. Fifth, preserve evidence of any demand and refusal to perform. A written demand can clarify the dispute and create a clean record of non-performance, even though the existence of the statutory claim does not depend on the beneficiary using a particular informal family demand.
Finally, coordinate the requested court judgment with the implementation step. A judgment concerning a Turkish title, registered share or other right should be drafted to achieve the legally required transfer or enforcement result rather than simply declaring that the beneficiary is “entitled” in abstract terms.
- Obtain the complete will and the Turkish opening record.
- Determine whether you are an appointed heir or a legacy beneficiary.
- Identify the executor or heirs legally charged with performance.
- Confirm when the legacy becomes due under Article 600.
- Identify the asset or right with registry-quality detail.
- For usufruct or recurring benefits, apply the relevant property/obligations rules.
- For insurance proceeds, assess Article 601’s direct claim against the insurer.
- Calculate the Article 602 ten-year period from knowledge or later maturity.
- Check estate debts and creditor priority before expecting distribution.
- Prepare apostilled/legalized and Turkish-translated foreign documents.
Frequently Asked Questions
1. Is a legacy beneficiary automatically an heir in Turkey?
No. A specific legacy normally creates a personal claim under Article 600 rather than heir status.
2. Who must perform the legacy?
If an executor exists, the claim is directed to the executor; otherwise it is directed to the legal or appointed heirs who bear the obligation.
3. When does the legacy become due?
Unless the will provides otherwise, Article 600 makes it due when the obligated heir accepts the inheritance or loses the right to reject it.
4. Can the beneficiary sue for a Turkish apartment left by will?
Yes, if the legal conditions are met. The claim should seek the performance needed to transfer the specifically identified property.
5. What if the legacy is an act rather than property?
Article 600 permits a damages claim for loss caused by failure to perform the testamentary act.
6. How does Article 601 treat a usufruct?
Unless the will provides a different basis, usufruct and recurring-performance claims are governed by the relevant property and obligations law rules.
7. Can an insurance beneficiary claim directly against the insurer?
Article 601 allows direct exercise of the insurance-contract claim where the deceased bequeathed an insurance claim payable at death.
8. What is the limitation period?
Article 602 provides ten years from knowledge of the testamentary benefit, or from a later maturity date if the obligation becomes due later.
9. Do estate creditors rank ahead of the beneficiary?
Yes. Article 603 gives the deceased’s creditors priority over legacy beneficiaries.
10. Can a foreign beneficiary pursue the claim without living in Turkey?
Yes. Turkish counsel can act under a properly prepared power of attorney, subject to the applicable document and procedural requirements.
Author and legal review
Attorney Halil Bakırcı — Mersin Bar Association, Registration No. 3472. Bakırcı & Keskin Law Office advises international beneficiaries and heirs on Turkish wills, estate administration and testamentary claims. Files throughout Turkey are managed from the Mersin office.
Last reviewed: 15 September 2026. This guide is based on Turkish Civil Code Articles 600–604 and Law No. 5718.
Mersin office
Bakırcı & Keskin Law Office can identify your beneficiary status, calculate Article 602 deadlines and enforce the testamentary claim in Turkey.
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