If you are a UK national who owns property in Turkey, your English will does not automatically transfer ownership of that property upon death.
Even if a Grant of Probate has been issued in England & Wales, Turkish real estate is governed by Turkish law and must be processed through Turkish inheritance procedures before heirs can be registered at the Land Registry.
This is one of the most commonly misunderstood aspects of cross-border estates involving UK citizens with property in Antalya, Bodrum, or elsewhere in Turkey. Below is a structured explanation of how the process works.
Which Law Governs Turkish Property After Death?
Under Turkish private international law (Law No. 5718 on International Private and Procedural Law), succession to immovable property is governed by the law of the country where the property is located. This is known as the lex rei sitae principle.
What this means in practice:
• Your nationality does not automatically determine the law applicable to your Turkish property.
• Your domicile in England or Wales does not displace Turkish rules for real estate in Turkey.
• Turkish succession law applies to the property itself.
Movable assets (such as bank accounts or shares) may follow different rules. However, immovable property in Turkey is legally anchored to Turkish law.
Is a UK Grant of Probate Enough in Turkey?
No.
A Grant of Probate issued in England & Wales is evidentiary in Turkey, but it is not self-executing in respect of Turkish real estate. Ownership recorded at the Turkish Land Registry (Tapu) does not change automatically upon death.
Before heirs can be registered, the following steps are usually required:
Documentation Stage
• Certified copy of the Grant of Probate
• Apostille under the Hague Apostille Convention
• Sworn translation into Turkish
• Notarial certification of translations
Turkish Inheritance Procedure
• Application for a Turkish inheritance certificate (veraset ilamı) through a Turkish court or notary
• Verification of heirship under applicable law
• Tax registration and inheritance tax filings (where required)
Land Registry Stage
• Formal application before the local Land Registry (Tapu Müdürlüğü)
• Physical attendance or power of attorney
• Registration of heirs according to their legal shares
Until these steps are completed, the property remains registered in the deceased’s name. The heirs may have rights — but they do not yet have registered title.
Can English Law Govern My Turkish Property?
In principle, a foreign national may in certain circumstances designate their national law to govern succession. However, this is technically complex and depends on:
• Whether the will contains an express choice-of-law clause
• Whether that clause is valid under both systems
• The distinction between movable and immovable assets
• Turkish mandatory rules, including forced heirship
Even if English law is chosen, Turkish procedural requirements still apply. Choice of law does not remove the need for Turkish inheritance procedures and Land Registry registration.
What Happens If There Is No Will?
If a UK citizen dies intestate, Turkish statutory succession rules apply to Turkish immovable property. These differ materially from English intestacy rules.
Under the Turkish Civil Code:
• If there are children, the surviving spouse typically receives 1/4 and the children share 3/4.
• If there are no children, inheritance passes to parents and siblings in structured proportions.
• Certain relatives have legally protected shares.
English intestacy rules do not automatically override this for Turkish real estate. This can lead to unexpected results — particularly in blended families or second marriages.
Does Turkey Have Forced Heirship?
Yes.
Turkey recognises “reserved shares” for certain heirs. Even if a will exists, the testator’s freedom of disposition is limited in respect of specific categories of relatives.
If a will attempts to exclude protected heirs entirely, reduction claims (tenkis actions) may arise. This is one of the most sensitive aspects of Turkish succession planning for UK nationals.
Are There Inheritance Taxes in Turkey?
Inheritance of Turkish property may trigger Turkish inheritance and transfer tax.
Key considerations:
• Tax declarations must be filed within statutory deadlines.
• Rates vary depending on relationship and property value.
• Land Registry registration cannot proceed without tax clearance.
UK inheritance tax is a separate issue and may require coordinated cross-border advice.
Should You Make a Separate Turkish Will?
In some cases, a separate Turkish will limited to Turkish assets may be appropriate.
Potential advantages:
• Administrative clarity
• Faster Land Registry procedures
• Reduced interpretative disputes
• Alignment with Turkish formal validity requirements
However, dual wills must be drafted carefully to avoid unintended revocation clauses or conflict. Coordination between English and Turkish advisers is essential.
Planning Checklist for UK Nationals with Property in Turkey
If you own Turkish real estate, consider reviewing:
• Does your will include a clear choice-of-law clause?
• Does it expressly refer to foreign immovable assets?
• Would Turkish forced heirship affect your intended distribution?
• Are your heirs aware of Turkish procedural requirements?
• Are powers of attorney pre-planned?
• Is tax exposure understood in both jurisdictions?
Addressing these issues during lifetime significantly reduces post-death complications.
Frequently Asked Questions
Can foreigners inherit property in Turkey?
Yes. Foreign nationals can inherit Turkish real estate, subject to registration and procedural requirements.
How long does the Turkish inheritance process take?
Timeframes vary depending on documentation and cooperation between heirs. Delays commonly arise where documents are incomplete or incorrectly prepared.
Is a UK will valid in Turkey?
A UK will may be recognised, but it does not automatically transfer title at the Turkish Land Registry.
Do I need a Turkish inheritance certificate?
Yes. Registration at the Land Registry requires a Turkish inheritance certificate (veraset ilamı).
Conclusion
Cross-border succession involving Turkish property cannot be reduced to the simple assumption that “my English will governs everything.” The legal outcome depends on the interaction between Turkish substantive succession rules, conflict-of-laws principles, mandatory heirship provisions, Land Registry formalities, and tax compliance requirements.
In practice, the same family structure or will wording may lead to very different outcomes depending on documentation, drafting choices, and procedural coordination between jurisdictions.
For a detailed legal evaluation and tailored advice regarding your specific circumstances, you may contact us at +90 542 562 01 49 or email us at info@lotuslawfirm.com.tr