Making a Turkish Will (Vasiyetname) and Inheritance Planning Lawyer in Alanya

Why Foreign Property Owners in Alanya Need a Turkish Will (Vasiyetname)

When a foreign national purchases an apartment, villa, or land in Alanya, succession to that real estate upon death is governed exclusively by Turkish inheritance law. Under Article 20/1 of the Turkish International Private and Procedural Law Code No. 5718 (MÖHUK), immovable property located in Türkiye is subject to the mandatory rule of lex rei sitae (the law of the country where the property is situated), regardless of the deceased owner’s nationality, domicile, or any choice-of-law clause in a foreign will. To avoid lengthy cross-border probate delays and ensure clear distribution of Turkish real estate and bank accounts, Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No. 6281) at Hacet Mah. Adliye Cad. Görer Apt. No:13/5, Alanya / Antalya (opposite Alanya Courthouse), assists foreign residents and investors in drafting and executing legally bulletproof wills in Alanya.

Executing an Official Notarial Will (Resmi Vasiyetname) under TMK Art. 532–537

While the Turkish Civil Code No. 4721 (TMK) recognizes both handwritten wills (El Yazılı Vasiyetname, Art. 538) and official wills, for foreign nationals who do not read or write Turkish fluently, the only safe and incontestable instrument is an Official Will (Resmi Vasiyetname) executed before a Turkish Public Notary in Alanya (Alanya Noterliği) under TMK Articles 532 to 537:

• Strict Statutory Formalities: Our office drafts the testamentary provisions in accordance with the testator’s wishes and Turkish mandatory succession law. The will is executed before the Alanya Public Notary in the simultaneous presence of two qualified adult witnesses (who meet the eligibility rules of TMK Art. 536) and a certified sworn interpreter in the testator’s native language.
• Medical Capacity Certificate (Akıl Sağlığı Raporu): To preempt any future challenge by disgruntled heirs claiming lack of testamentary capacity (Vasiyetnamenin İptali Davası under TMK Art. 557), we coordinate obtaining a same-day official medical report from the State Hospital in Alanya confirming the testator’s full mental capacity.
• Central Registration with NÜFUS / TNB: Once notarized, the Alanya Public Notary officially notifies the civil registry system so that upon the testator’s passing, the will is automatically brought before the Alanya Civil Court of Peace for opening and reading (Vasiyetnamenin Açılması under TMK Art. 596).

Statutory Reserved Shares (Saklı Pay – TMK Art. 506) in Turkish Estate Planning

When drafting a Turkish will in Alanya, foreign testators must respect the compulsory Reserved Share (Saklı Pay) protections of TMK Article 506: descendants (children/grandchildren) have a reserved share equal to 50% of their statutory inheritance share, while a surviving spouse (inheriting alongside children or parents) holds a reserved share equal to 100% of their statutory quarter or half share. Any disposition exceeding the disposable portion (Tasarruf Edilebilir Kısım) can be reduced via an Abatement Lawsuit (Tenkis Davası under TMK Art. 560). Visit our Alanya Office or Contact page to schedule a consultation.

Frequently Asked Questions (FAQ) on Making a Will in Alanya

Is a will made in my home country valid for my apartment in Alanya?

While Türkiye is a party to the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, enforcing a foreign will for Turkish real estate requires complex court recognition, apostille, and compliance with Turkish reserved share rules (MÖHUK Art. 20). Executing an Official Notarial Will directly in Alanya is significantly faster and safer.

Can I revoke or amend my Turkish Will at any time?

Yes. Under TMK Articles 542–544, a testator may freely revoke or modify an Official Will at any time before a Turkish Notary, and selling the property during your lifetime does not restricted by having made a will.