Are Wills Made in Germany Valid in Turkey?

Nowadays, many Turkish citizens live and acquire assets in Germany. Whether the wills they make in Germany are valid in Turkey is a very important issue for both our citizens and their heirs. In this article, the validity of wills made in Germany in Turkey will be discussed within the framework of both Turkish and German legal systems.

1. Legal Nature of the Will and International Inheritance Law
A will is a unilateral and death-dependent legal transaction through which a person determines how their assets will be distributed after death. The validity of a will in Turkey is regulated under the Turkish Civil Code. However, if the deceased lived in Germany and made their will there, the International Private Law and the Law on Private International Law and Procedure (MÖHUK) along with related international legal rules come into play.

2. Formal Requirements for a Will to Be Valid in Turkey
According to Turkish law, a valid will can be made in three ways:

• Handwritten will: Entirely handwritten, dated, and signed by the person.
• Official will: Made before a notary, peace judge, or authorized official in the presence of two witnesses.
• Oral will: Valid only in extraordinary situations (e.g., war, natural disaster).

These formal requirements are strict, and failure to comply results in invalidity. However, different regulations may apply in international cases.

3. Are Wills Made in Germany Considered Valid Under Turkish Law?
Yes, under certain conditions, wills made in Germany can be considered valid in Turkey.
According to MÖHUK Article 7:
“A disposition upon death (will) is formally valid if it complies with the law of the place where it was made, the national law of the testator, the law of the habitual residence of the testator, or Turkish law.”

This means that a will made in Germany, compliant with German law, can also be formally valid under Turkish law.

4. Applicable Law: Which Country’s Inheritance Law Applies?
Another important consideration is which country’s inheritance law governs the distribution of the estate. Generally, Turkish inheritance law applies to Turkish citizens. However:

• If the deceased lived in Germany for a long time,
• If they obtained German citizenship,
• Or explicitly stated in the will that German law applies,

then German inheritance law may also apply.
Under the EU Succession Regulation (650/2012), the law of the deceased’s “habitual residence” usually applies. Although Turkey is not a party to this regulation, its influence is sometimes observed in practice.

5. Are Inheritance Documents Issued in Germany Valid in Turkey?
Inheritance certificates (Erbschein) or court decisions issued in Germany are not directly valid in Turkey. To use these documents in Turkey, the following are required:

• Apostille certification,
• Sworn translation into Turkish,
• If necessary, recognition or enforcement proceedings before Turkish courts.

This is generally required if there is property (especially real estate) in Turkey.

6. What Is Needed for Title Deeds and Other Official Procedures?
If property transactions are to be made in Turkey based on a will made in Germany, the relevant documents must include:

• Notarized copies,
• Apostille certificates,
• Sworn Turkish translations.

Additionally, Turkish land registry offices may require an inheritance certificate issued by a Turkish court.

7. Conclusion: Wills Made in Germany Can Be Valid in Turkey
In summary, a will made in Germany can be valid in Turkey if it is properly prepared and complies with the formal requirements under MÖHUK. However, to overcome potential practical issues, it is very important that the legal process is handled by an experienced inheritance law attorney.

Frequently Asked Questions (FAQ)

• Is a will made in front of a notary in Germany valid in Turkey?
  Yes, a will made before a German notary and compliant with German law can be valid in Turkey under MÖHUK Article 7.
• Does the will itself require recognition?
  No, the will itself does not require recognition. However, court decisions or inheritance certificates related to the will may require recognition or enforcement.
• Can a Turkish citizen living in Germany make a will only concerning property in Turkey?
  Yes, it is possible to dispose of only the property in Turkey by will, but this must be explicitly stated.

Disclaimer and Legal Advice
Each case has unique circumstances, so this information is general and does not substitute legal advice. To get definitive information on whether a will made in Germany is valid in Turkey, it is recommended to consult an attorney experienced in international inheritance law.