Individuals who are foreign citizens can own the movable and immovable properties of the legator as heirs. Inheritance relations involving foreign element, such as the validity of the certificate of inheritance and restrictions on real estate acquisition are subject to the Law No. 5718 on International Private Law and Procedure Law (IPLPL).
In accordance with Article 20 of Law No. 5718 on International Private Law and Procedure Law, the applicable law in inheritance disputes with a foreign element of foreigness is the national law of the deceased. If the legator is a Turkish citizen or the real estate subject to inheritance is located in Turkey, Turkish law will be applied.
In accordance with Article 20 of International Private Law and Procedure Law, a dual distinction is made for movable and immovable properties within the scope of the law to be applied in inheritance disputes:
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Regarding Immovable Properties;
For immovable properties located in Turkey, the law of the country where the immovable property is located, that is, Turkish Law, shall apply. However, in accordance with Article 35 of the Land Registry Law No. 2644, the restrictions determined for foreign nationals also include the acquisition of real rights and real estate acquisition through inheritance.
“In terms of international legal relations and in cases required by the interests of the country, Foreign individuals who are citizens of countries determined by the President can acquire immovable property and limited real rights in Turkey.”
Foreign citizens from countries determined by the President as stated in Article 35 of Law No. 2644, can file inheritance lawsuits in the Competent Courts for immovable properties located in Turkey. Although foreign heirs who are not citizens of one of the specified countries cannot acquire rights in kind on the immovable property located in Turkey, they may be entitled to the sale price in the event of the sale of the immovable property.
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Regarding Movables Properties;
In the case of disputes ariseing from movable properties, the applicable law is determined by the national law of the deceased in accordance with Article 20 of International Private Law and Procedure Law. However, if the legator is also a foreign citizen and not registered in Turkish Civil Registry, documents demonstrating the inheritance status, such as documents obtained from the Courts or Civil Registry Offices of the deceased’s country, should be submitted to the Turkish Courts for the issuance of an inheritance certificate. According to Turkish Law, only finalized foreign court decisions can be recognized and enforced; therefore, documents obtained from foreign courts or Civil Registry Offices indicating the inheritance status can be used as evidence in filing a lawsuit to request an certificate of inheritance from Turkish Courts.
In terms of testamentary dispositions, Article 20 of the Law No. 5718 on International Private Law and Procedural Law states that “The provision of Article 7 shall apply to the form of testamentary dispositions. The testamentary dispositions made in accordance with the national law of the deceased shall also be valid.” In accordance with the provision, Article 7 of the Law No. 5718 will be applied to the testamentary dispositions and will be valid in accordance with the national law of the deceased.
In terms of inheritance, in accordance with International Private Law and Procedure Law, the provisions regarding the opening, distribution and acquisition of inheritance are subject to the law of the country where the inheritance is located. If the deceased's assets are in Turkey, Turkish law will be applied regarding the reasons for opening, acquiring and sharing the inheritance. However, as there may be restrictions in the legislation of the country where the estate is located, the relevant country legislation should be examined.
The competent court for inheritance disputes is regulated in Article 43 of Law No. 5718. "Inheritance disputes shall be heard by the court of the last domicile of the deceased in Turkey, or if the last domicile is not in Turkey, by the court of the place where the property included in the estate is located."
In accordance with the relevant article, a dual distinction has been made for the competent court; If the deceased is a Turkish citizen, the Civil Court of Peace of the last domicile of the legator in Turkey is competent, and if the last domicile is not in Turkey, the Civil Court of Peace of the place where the property included in the estate is located is competent. The competent court has exclusive jurisdiction for immovable properties subject to inheritance, and jurisdiction agreements authorizing foreign courts for immovable properties located in Turkey are invalid.
Certificate of Inheritance, in order for the heirs of the foreign inheritor to be registered on behalf of the heirs in proportion to their shares, to obtain their rights and receivables and to make savings needs a certificate of inheritance. The certificate of inheritance is requested from the Civil Courts of Peace in Turkey. The certificate of inheritance is a document showing the heirs of the foreign inheritor. This document enables the heirs to prove their status as heirs in Turkish Courts. The heir who inherits from a foreigner must apply to the court in Turkey to obtain an certificate of inheritance.
The evidence that must be presented to prove the title of inheritance and the probative power of the evidence are determined according to the lex fori law of the judge. In the case of legal inheritance, the kinship between them and the legator must be proven. Since the certificate of inheritance obtained from a foreign country is a document that only shows the heirs and can be proven otherwise, it can only be used as a means of evidence for Turkish courts.
In Turkish law, legal inheritance is proved primarily by civil registry records, and in cases where civil registry records are not available, by any evidence. In this sense, if the legator or heirs are Turkish citizens or foreigners registered in the foreigners registry, the registers kept in Turkey can be used. The judge may also request documents deemed necessary from the relevant states through international referral. For example, documents such as population records of foreigners, death registration documents and registers. Heirs can present any evidence to prove the inheritance relationship after the death of the legator. Documents proving the inheritance relationship obtained from foreign country institutions must be translated into Turkish and apostilled.