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Wills for Foreigners in Turkey. The preparation of wills by foreigners in Turkey is subject to both national and international legal regulations. There are several important points and procedures to consider for foreigners who wish to make a will in Turkey:

Types of Wills

In Turkey, a will can be prepared in three ways:

• Holographic Will: The person writes the will entirely in their own handwriting, dates, and signs it.
• Official Will: Prepared before a notary public or a civil court judge in the presence of two witnesses.
• Oral Will: Can be made verbally in the presence of two witnesses in emergency situations.

Testamentary Capacity of Foreigners

The capacity of a foreigner to make a will in Turkey is determined according to the person’s national law (the law of the country of their citizenship). However, if the person is residing in Turkey or has immovable property in Turkey, the will may need to be prepared in accordance with Turkish law.

Compliance with Turkish Law

• Property Status: Foreigners who own immovable property in Turkey can include these assets in their wills.
• Formal Requirements: For the will to be valid, it must be prepared in accordance with the formal requirements set forth by the Turkish Civil Code. If the will is made abroad, it may need to be notarized to be recognized in Turkey.

International Law and Foreign Court Decisions

• The validity of wills made by foreigners in Turkey may also be assessed according to international agreements or international law.
• If a foreigner has made a will in another country, the recognition or enforcement of that will in Turkey may require approval by Turkish courts.

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