Can Foreigners Inherit in Turkey? A Guide for Heirs Living Abroad

Yes, foreigners and people living abroad can receive a share of an estate in Turkey. As a rule, succession is governed by the law of the country of which the deceased was a citizen. However, Turkish law always applies to immovable property located in Turkey. The process usually consists of obtaining a certificate of inheritance, completing land registry and bank procedures and, where necessary, granting a power of attorney to a lawyer in Turkey.

This article provides general information. The number of heirs, the deceased's nationality, whether there is a will and the type of assets all affect the outcome. You should consult a lawyer about your own situation.

Which country's law applies to an estate in Turkey?

The basic rule for inheritance with a foreign element is found in Article 20 of Law No. 5718, the Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun (MÖHUK) (Turkish Code on Private International Law and International Civil Procedure):

• Succession is governed by the deceased's national law, that is, the law of the country of which they were a citizen.
• Turkish law applies to immovable property located in Turkey.
• The opening, acquisition and distribution of the estate are governed by the law of the place where the estate is located.
• Estates located in Turkey that have no heirs pass to the State.

For example, a foreign national may leave an apartment and a bank account in Turkey. In this case, Turkish law applies to the apartment. For movable assets, however, the deceased's national law is generally taken into account. This means two different legal systems may apply together within the same estate. Who qualifies as an heir and what the shares are can vary from country to country. Expert support is important at this point.

Can a foreign heir inherit real estate in Turkey?

The acquisition of real estate in Turkey by foreigners is regulated by Article 35 of Law No. 2644, the Tapu Kanunu (Land Registry Law). This article imposes certain restrictions on the acquisition of real estate by foreign individuals. For example, there are restrictions in areas such as military exclusion zones and security zones. The law also provides for the liquidation of real estate acquired in breach of its provisions.

In practice, foreign heirs can have real estate in Turkey registered in their names through inheritance. However, restrictions may arise depending on conditions such as the location of the property and the heir's nationality. Before registration, it is advisable to confirm the situation with the land registry office or a lawyer.