Aspects Of Inheritance Law For Dual/Multiple Nationals Who Acquire Turkish Citizenship

Inheritance Law regulates inheritable rights and obligations that do not end with the deceased. The purpose of the Law is to determine the persons, order and the rate of inheritance to be passed. The basis of Inheritance Law is private property and its continuity.

The applicable law to the inheritance status of persons with dual/multiple citizenships is determined by the International Private and Civil Procedure Law (Law No.5718) [“the Law”].

Pursuant to the general rule specified in Article 4 of the Law No. 5718; In cases where the applicable law identifies by this Law is determined on the basis of citizenship, If one of the nationalities of Multiple/Dual Nationals, is Turkish, then Turkish Citizenship of the person will be taken as the basis for determining the applicable law and Turkish Law will be applied accordingly. (Conditions stipulated otherwise in this Law are reserved.)

Issues related to the Law of Inheritance are specifically regulated in Article 20. Each paragraph of this Article should be examined separately:

  • 1. Inheritance is subject to the national law of the deceased. Turkish Law will be applied to real properties located in Turkey.

If one of the nationalities of Multiple/Dual Nationals, is Turkish, Turkish Law will be applied in disputes regarding inheritance where the applicable law is specified as "national law".

The national law of the legator will be applied for matters such as forthcoming legal heirs after the death of the legator, the inheritance shares of the legal heirs, and the testamentary disposition, and Turkish law will be applied for real properties located in Turkey. As a result, in case the person dies after acquiring Turkish citizenship, the Turkish Civil Code No. 4721 will be applied in these matters.

In Turkish Law, the parental system is adopted for legal heirs. The persons who have the title of inheritor are as follows:

  • The descendant and spouse of the legator. If there is not;
  • Mother and father of the legator and their descendants. If there is not;
  • Grandparents of the legator and their descendants.

If the legator has no descendants, then parents and their descendants; and in the absence of them, grandparents and their descendants will be able to be heirs. Accordingly, if the legator has children who alive, the legator's parents (2nd group) cannot be heirs.

If there are non-Turkish Citizen heirs, this issue should be examined separately.

Pursuant to Article 35 of the Land Registry Law No. 2644,

"On the condition that legal restrictions are complied with, foreign national real persons, who are citizens of the countries determined by the President of the Republic, may acquire real estate and limited real rights in Turkey, in cases where the interests of the country require and in terms of international bilateral relations. The total area of ​​immovables acquired by real persons of foreign nationality and limited independent and permanent rights in rem cannot exceed ten percent of the district area subject to private property and thirty hectares per person throughout the country.

Except for the limitations within the scope of the first paragraph of this article, immovables acquired by inheritance and limited real rights, if they are not liquidated by the owner within a period not exceeding one year to be given by the Ministry of Finance, they are liquidated and converted into value and the price is paid to the right owner.”

The law to be applied for all estates other than real estates located in Turkey is the national law of the legator and the citizenship of the heirs does not play a role in this regard.

When multiple/dual nationals who have acquired Turkish citizenship die, the law to be applied for the movable and real properties in the heritage will be Turkish Law.

  • 2. The provisions regarding the opening of the succession, its acquisition, and division are subject to the law of the country where the heritage is located.

Paragraph 2 of the article regulates the exceptions to Paragraph 1.

The law of the country where the heritage is located will be applied in matters such as the reasons for the opening of the succession other than death (disappearance, etc.), whether the heritage will be acquired as per the law or after some compulsory transactions are made at the time of death, and whether a community of heirs will be established between the heirs. If the legator has acquired Turkish Citizenship, the law to be applied in these matters will be the Turkish Civil Code for the heritage located in Turkey.

In accordance with Turkish Civil Code Article 599,

“The heirs acquire the inheritance as a whole, in accordance with the law, upon the death of the legator. Without prejudice to the exceptional circumstances stipulated in the law, the heirs directly acquire the real rights, receivables, other property rights, possession of the movable and immovable properties of the legator and are personally liable for the debts of the legator."

  • 3. The heirless estate in Turkey remains with the Government.

In Turkish Law, it is adopted that the Government is the last heir. The heirless estate in Turkey will remain with the government regardless of whether it is immovable or not.

  • 4. Form of Testamentary Disposition

The provision of Article 7 shall apply to the form of testamentary disposition. Testamentary dispositions made in accordance with the national law of the legator are also valid.

According to Article 7, legal transactions can be made in accordance with the substantive law provisions of the law of the country in which they are made or the law authorized on the basis of that legal transaction.

Testamentary dispositions are classified in two dowers as testamentum and inheritance contracts(contracts to make wills) as of their form. Paragraph 4 provides regulation only in terms of form, ie validity conditions. Accordingly, testamentary dispositions must comply with the conditions specified by the substantive law provisions of the law of the country in which they are processed. As an example, if the person willing to make an inheritance contract in Turkey, the validity conditions will be determined according to Turkish Law. In terms of the principle, the applicable law is the national law of the legator in accordance with Paragraph 1; and Turkish Law in terms of real estate located in Turkey.

Regarding the form of testamentum, “Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions” will be applied.

As Ketenci&Ketenci ILP, we provide legal services to our clients regarding Inheritance Law, Dual Citizenship, Turkish Citizenship by Investment and related issues. The information presented on this website is for informational purposes only and is not advisory. As the characteristics of Inheritance Law should be evaluated separately in each concrete case, please contact us via [email protected] e-mail address or via phone +902164558098 for your further queries and detailed information.


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