Best Affidavits & Statutory Declarations Lawyers in Turkey

1. About Affidavits & Statutory Declarations Law in Turkey

In Turkey, affidavits and statutory declarations are commonly known as yeminli beyanname or noter tasdikli beyan. These are formal, written statements of fact that are sworn under oath or signed in the presence of a notary. They are used to confirm specific facts for use in courts, administrative bodies, or cross-border transactions.

Turkish law treats these declarations as evidence that must be evaluated by the relevant authority or court. The notary acts as an official of the state who verifies identity, ensures the declarant understands the contents, and authenticates signatures and copies. The acceptability and weight of such declarations depend on context, jurisdiction, and procedural rules in HMK and related statutes.

Two common ways these declarations are produced are: (1) notary tasdikli beyan, where a notary public witnesses the declaration and adds a formal tasdik; and (2) yeminli beyanname, where a sworn declaration is given under oath, often before a notary or a court. For international use, these documents may require apostille or translation under applicable conventions and local rules.

For official guidance on how these documents are processed in Turkey, see Adalet Bakanlığı and Mevzuat.gov.tr, which outline the roles of notaries, the use of sworn declarations, and the applicable legal framework. Adalet Bakanlığı • Mevzuat.gov.tr • Türkiye.gov.tr.

Noterlik işlemleri Adalet Bakanlığına bağlı Noterlerce yürütülür.

2. Why You May Need a Lawyer

Not all affidavits and declarations are routine; complex cases often require lawyer guidance to protect your interests and ensure admissibility in Turkish courts or authorities. The following real-world scenarios illustrate where legal counsel is typically necessary.

• Cross-border use of a Turkish sworn declaration: A Turkish citizen living abroad needs a yeminli beyanname to prove ownership in a foreign probate proceeding. A lawyer can ensure the declaration meets both Turkish requirements and the foreign authority’s expectations.
• Asset or debt disclosure in a divorce or separation: When property division or alimony depends on accurate income and asset disclosures, a lawyer can prepare a tasdikli beyan that minimizes disputes and preserves evidentiary value in HMK proceedings.
• Business transactions requiring formal attestation: A Turkish entrepreneur signs a declaration of authority or signature authenticity for a multinational contract. A solicitor can tailor the language to align with Turkish notary practice and international standards.
• Inheritance and succession matters: Declaring heirs, debts, or asset transfers via a sworn declaration often involves court-specific rules. Legal counsel helps ensure the declaration aligns with the applicable inheritance and probate procedures.
• Translation and certification for official documents: If you need a Turkish declaration translated for use abroad, a lawyer can coordinate with a notary and a sworn translate thereby reducing the risk of misinterpretation or rejection by the foreign authority.
• Apostille and international recognition: When documents are intended for use in another country, a lawyer can guide you through the apostille process and ensure the declaration remains valid when presented abroad.

3. Local Laws Overview

Noterlik Kanunu No. 1512 governs the establishment and conduct of notaries, the scope of their authority, and the form and authentication of notarial acts, including tasdik and fingerprint verification. This law underpins the notary’s role in authenticating declarations used in Turkey and abroad.

Hukuk Muhakemeleri Kanunu No. 6100 regulates civil procedure, including how and when written declarations may be used as evidence, the standards for affidavits, and the procedures for presenting such documents in court. It provides the framework for how yeminli beyanname and noter tasdikli beyan are treated during lawsuits or administrative appeals.

Türk Medeni Kanunu No. 4721 establishes core rules for civil relationships such as marriage, inheritance, contracts, and property. This code interacts with affidavits and declarations in context such as proof of marital status, authorization to act, or declaration of heirs during succession matters.

For international use, you may encounter apostille and translation requirements. The Turkish government provides guidance on using Turkish documents abroad through official channels; see Adalet Bakanlığı and Türkiye.gov.tr for related procedures and links to the Ministry of Foreign Affairs on apostille matters. Adalet Bakanlığı • Türkiye.gov.tr • Mevzuat.gov.tr

4. Frequently Asked Questions

What is a notarial beyanname and when is it used?

A notarial beyanname is a declaration prepared or certified by a Turkish notary. It is used to attest facts formally for court filings, contracts, or administrative processes. In many cases it is required to prove identity, address, or ownership.

What is the difference between a notary tasdikli beyan and a yeminli beyanname?

A notary tasdikli beyan is a declaration attested by a notary, while a yeminli beyanname is sworn under oath, typically in the presence of a notary or court. The former confirms authenticity of copies; the latter confirms factual statements under oath.

How do I get a sworn declaration prepared in Turkey?

Consult a legal professional or a notary public. They will collect your facts, ensure documents are properly identified, and draft the declaration for notarization or oaths, with translations if needed.

Do I need a lawyer to prepare an affidavit in Turkey?

While not always required, a lawyer can reduce the risk of errors, ensure the language meets Turkish standards, and coordinate with a notary when international use is involved.

How much does a sworn declaration typically cost in Turkey?

Costs vary by complexity and region. Notary fees depend on the type of declaration and the number of pages; expect several dozen to a couple of hundred Turkish Lira for standard filings.

How long does it take to complete a notarial declaration?

Simple declarations can be completed in a few hours to a day, while more complex matters or translations may require 1-3 days depending on document availability and notary scheduling.

Do I need to provide original documents for the declaration?

Not always, but you should bring or provide certified copies of essential documents to verify identity, ownership, or status. Notaries may require originals for verification before tasdik.

Can a Turkish affidavit be used in another country?

Often yes, but you may need translation and apostille in line with the destination country’s requirements. An attorney can confirm the exact steps for international use.

What is the timeline for apostille and legalization if documents go abroad?

The process varies by document type and country, but expect several days to a few weeks once the Turkish document is ready and authenticated. An attorney can provide a precise timeline.

Is there a difference between sworn declarations for civil cases and administrative applications?

Yes. Civil cases rely on evidentiary rules in HMK, while administrative applications may emphasize statutory requirements and agency-specific forms.

Can I amend or revoke a sworn declaration after it is issued?

Changes usually require an additional notarized declaration or court approval. Do not try to modify the original document, as it may affect evidentiary value.

5. Additional Resources

• Adalet Bakanlığı - Official guidance on notary services, yeminli beyanname, and related procedures in Turkey. https://www.adalet.gov.tr
• Mevzuat.gov.tr - Official repository of Turkish laws and regulations, including Noterlik Kanunu and Hukuk Muhakemeleri Kanunu texts. https://www.mevzuat.gov.tr
• Türkiye.gov.tr - Official e-government portal with information on document authentication, translation, apostille, and notary services for citizens. https://www.turkiye.gov.tr

6. Next Steps

1. Define your objective and the jurisdiction where the declaration will be used. Clarify whether you need a tasdikli beyanname or a yeminli beyanname.
2. Gather all supporting documents you may need to attach or reference in the declaration (identity documents, ownership records, or contract references).
3. Consult a Turkish attorney or notary to assess whether you need translation or apostille for international use. Schedule a consultation to review your facts and goals.
4. Prepare an initial draft with your legal counsel, ensuring precise language and compliance with HMK requirements for admissibility.
5. Visit a licensed notary or arrange an electronic notarization if available, and obtain tasdik or oath as required. Confirm the exact fees and turnaround time.
6. If documents will be used abroad, obtain apostille or legalization as directed by the relevant foreign authority and arrange translations by a sworn translator if needed.
7. File or present the finalized document to the intended authority, court, or agency, and preserve copies for your records.