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Kurucu Law Offices

Kurucu Law Offices

Ankara, Turkey

Founded in 2015
15 people in their team
English
Turkish
Kurucu Law Offices (“KURUCU”) was established in Ankara at the beginning of 2015 by three founding partners, each of whom is an expert in their own field. KURUCU focuses mainly in the fields of energy law, construction and infrastructure law, FIDIC and FAR contract management, international and...
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About Will & Testament Law in Ankara, Turkey

In Ankara, Turkey, Will and Testament law is an integral part of the Turkish legal system, which governs the distribution of a person's estate upon their death. This legal framework ensures that an individual’s last wishes regarding their assets and liabilities are respected and executed as per their intentions. Wills are formal documents, and it's crucial for them to comply with Turkish Civil Code provisions to be deemed valid. This ensures a smooth transfer of property and assets to the rightful heirs, avoiding potential disputes and legal hassles.

Why You May Need a Lawyer

There are several scenarios where seeking legal advice regarding Will and Testament may be beneficial:

  • Complex Estates: When dealing with large or complex estates that include various types of assets or international holdings.
  • Family Disputes: To preemptively address potential disputes among heirs or beneficiaries.
  • Legal Compliance: Ensuring the will is drafted in compliance with Turkish law to prevent conflicts or nullification.
  • Changing Circumstances: Updating existing wills due to significant life changes such as marriage, divorce, or the birth of a child.
  • Legal Representation: Assistance in executing or contesting a will.

Local Laws Overview

The Turkish Civil Code governs Wills and Testaments in Ankara, Turkey. Key aspects include:

  • Form of Will: Wills in Turkey can be made in three forms: official, handwritten, or oral. Each form has specific requirements that must be met.
  • Testator Requirements: The testator must be of sound mind and at least 15 years old.
  • Forced Heirship: The Turkish legal system enforces “forced heirship” rules, ensuring that certain portions of the estate are reserved for close family members.
  • Legal Procedures: Upon the death of the testator, an official process is followed to validate and execute the will.
  • Revocation of Wills: Wills can be revoked or modified, but formal procedures must be adhered to ensure the revocation or changes are legally recognized.

Frequently Asked Questions

What constitutes a valid will in Turkey?

For a will to be valid, it must adhere to one of the forms prescribed by law (official, handwritten, or oral) and fulfill the requirements of age and mental capacity of the testator.

How is property typically divided if there is no will?

Without a valid will, the estate is distributed according to Turkey’s intestate succession rules, which prioritize spouses, children, parents, and other relatives.

Can I disinherit a family member in Turkey?

Due to forced heirship laws, completely disinheriting a legal heir can be challenging. However, some portion of the estate can be freely bequeathed to others.

What happens if a will is contested?

If a will is contested, the process typically involves legal proceedings to determine the will’s validity or to address grievances raised by the contesting party.

How can I revoke my will?

A will can be revoked by creating a new will or destroying the existing will with the intent to revoke it. Legal advice is recommended to ensure proper revocation.

What role does a notary play in creating a will?

Notaries can assist in drafting an official will, ensuring that it meets all legal requirements. This offers added assurance of the will's validity.

Are there limitations on international assets in a Turkish will?

Yes, assets located outside of Turkey may be subject to the laws of the jurisdiction where they are located. Legal advice is crucial to navigating these complexities.

What should I include in my will?

Details about your assets, beneficiaries, any specific bequests, and appointing an executor. Legal guidance can help in addressing all necessary components.

Who can create a will in Turkey?

Any individual of sound mind who is at least 15 years of age can create a will.

How do I ensure my will is executed as intended?

To ensure execution according to your wishes, appoint a trustworthy executor and regularly update your will to reflect any changes in your personal circumstances.

Additional Resources

For more information, the following resources might be helpful:

  • Notary Public Offices: They provide services related to the notarization of documents, including official wills.
  • ANKARA BAR ASSOCIATION: Offers resources and referrals for legal professionals specializing in wills and estates.
  • Ministry of Justice: Provides official guidelines and publications on inheritance laws.
  • Legal Aid Services: For those requiring financial assistance, local legal aid services can offer support and advice.

Next Steps

If you find yourself needing legal assistance regarding Wills and Testaments in Ankara, Turkey, consider the following steps:

  • Consult a Lawyer: Seek out a lawyer specializing in estate law to discuss your needs and help you draft a will complying with local laws.
  • Organize Your Affairs: Collect and organize documents related to your assets and liabilities.
  • Drafting a Will: Work with your lawyer to draft a comprehensive will that reflects your wishes and adheres to Turkish legal standards.
  • Regular Updates: Revisit your will regularly to update any changes in your circumstances or wishes.

Taking these steps can help safeguard your intentions and ensure peace of mind, knowing that your estate will be handled according to your wishes.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.