How to Prepare a Valid Will in Turkey: 3 Legal Methods

Inheritance law grants individuals the right to manage their assets after death through a “Testamentary Disposition” (Will), subject to the “reserved portions” of certain heirs. However, wills are subject to strict formal requirements. A minor error can render specific provisions or the entire will invalid.

1. Official Will (Most Secure)

This is the most secure type, prepared at a Notary Public (or Civil Court of Peace Judge) in the presence of two witnesses.

• Process: The testator expresses their wishes to the official, who writes them down. The testator reads, approves, and signs.
• Literacy: Those who can read and write sign it. Those who cannot read sign with a fingerprint after it is read to them in front of witnesses.
• Advantage: Practically zero risk of being lost or successfully challenged on formal grounds, as it is an official state record.
• Witnesses: Must be literate adults and cannot be close relatives (spouse, child, sibling) of the testator.

2. Holographic Will (Easiest)

This can be done at home without any cost, but strict rules apply.

1. Entirely Handwritten: The entire text must be written by the testator’s own hand. A typed, printed document that is merely signed is invalid.
2. Date: The full date (Day, Month, Year) must be handwritten.
3. Signature: It must be signed by hand at the end.

3. Oral Will (Exceptional)

Valid only in extraordinary circumstances (War, severe epidemic, immediate death risk) where other forms are impossible.

• The testator declares their last wishes to two witnesses.
• The witnesses must immediately write it down and submit it to a judge.
• It becomes void 1 month after the extraordinary situation ends.

FAQ

Can I leave everything to one child? You can write it, but other children can file a “Reduction Lawsuit” (Tenkis Davası) to recover their “Reserved Portion” (Saklı Pay), which is a guaranteed minimum share protected by law.

Legal Support: We assist in drafting valid wills and representing clients in will annulment cases.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.