Best Will & Testament Lawyers in Serdivan

About Will & Testament Law in Serdivan, Turkey

A Will & Testament (in Turkish, "Vasiyetname") is a legal document that outlines how a person’s assets, property, and responsibilities should be managed and distributed after their death. In Serdivan, as in the rest of Turkey, the law governing wills is principally found in the Turkish Civil Code. Creating a valid will ensures that one's wishes regarding inheritance are honored and can help prevent disputes among heirs and beneficiaries. In Serdivan, Wills are commonly processed and registered through notaries or the local courts to ensure their legality.

Why You May Need a Lawyer

While Turkish law allows individuals to prepare their own will, there are several common situations where consulting a lawyer is highly advised:

• If your estate is large or involves complex assets such as businesses, foreign property, or significant investments.
• If you intend to distribute your estate in a way that differs from what Turkish inheritance law prescribes as mandatory shares (especially important for excluding certain relatives or favoring others).
• If you have children from multiple marriages or blended families, which could complicate inheritance rights.
• If you have dependents with special needs and want to ensure they are provided for appropriately.
• If you anticipate that your will might be contested by family members or other potential heirs.
• If you want to ensure that inheritance tax and procedural matters are handled as smoothly as possible.

In these cases and more, an experienced lawyer can guide you to ensure that your will is both legally valid and aligned with your intentions.

Local Laws Overview

Serdivan falls under the national legal framework of Turkey regarding inheritance and wills. Here are key aspects to consider:

• Types of Wills: Turkish law recognizes three types of wills: official wills (prepared and witnessed at a notary or court), handwritten wills (entirely written and signed in the testator's handwriting), and oral wills (used only in exceptional circumstances such as imminent danger or illness).
• Mandatory Shares: Certain close relatives (children, spouse, and parents) are entitled to a compulsory portion of the estate (referred to as "saklı pay"). It is not possible to fully disinherit them except under very specific legal conditions.
• Witnesses: For notary or official wills, two witnesses are required, and the will is registered with the appropriate authorities for security and reference.
• Revocation and Alteration: The testator may change or revoke the will at any time while mentally capable.
• Probate Process: Upon the death of the testator, the will is presented to local courts ("Sulh Hukuk Mahkemesi") for validation (if not already registered by a notary) and execution.
• Foreign Nationals: Non-Turkish nationals residing in Serdivan should be aware of both Turkish law and the laws of their home countries, as international inheritance matters can be complex.

Frequently Asked Questions

Can I write my own will in Serdivan?

Yes, you can write your own will, provided it is entirely handwritten, dated, and signed by you. However, to ensure validity and prevent future disputes, many people choose to have their will officially registered through a notary.

Are there assets I cannot include in my will?

You may include most personal assets; however, you cannot allocate more than your disposable portion if you have close family members (like children or a spouse) who are entitled to mandatory shares.

How can I make sure my will is valid?

The safest way is to prepare your will with the assistance of a notary and witnesses, or with a legal professional. Complying with the format and legal requirements is essential for validity under Turkish law.

Can I disinherit a child or spouse?

Disinheriting close relatives entitled to a mandatory share is usually only possible under rare, legally defined circumstances. Consult a lawyer if you believe such conditions apply.

What happens if I die without a will?

Turkish inheritance law (statutory succession) applies, and your estate is distributed among your relatives according to pre-determined rules stated in the Turkish Civil Code.

Do I have to file my will with a government office?

You are not legally required to register your will, but doing so with a notary or the court ensures that it can be easily located and executed after your death.

Can foreigners living in Serdivan make a will?

Yes, foreigners can make wills in Turkey regarding their assets located in Turkey. However, it’s important to consider both Turkish law and relevant laws from your home country.

What is the role of the Sulh Hukuk Mahkemesi?

This is the local Civil Peace Court responsible for probate procedures, validation of a will, and overseeing the execution of inheritance matters in Serdivan.

How can I revoke or change my will?

You can create a new will or a written declaration with a notary. Any previous will can be revoked either by making a new one or by a formal declaration of intent.

Is inheritance tax applicable in Turkey?

Yes, heirs may be subject to inheritance and gift taxes in Turkey. The rates vary depending on the relationship to the deceased and the value of the assets.

Additional Resources

If you need further information or assistance related to wills and inheritance in Serdivan, Turkey, the following resources can be valuable:

• Notaries in Serdivan: Notaries offer advice, formalize official wills, and maintain official copies.
• Sakarya Bar Association: Provides referrals to qualified lawyers specializing in inheritance law.
• Serdivan District Civil Registry Office ("Nüfus Müdürlüğü"): For records relating to family and heirs.
• Sulh Hukuk Mahkemesi (Civil Peace Court): Handles probate and will validation processes.
• Turkish Ministry of Justice: Offers guides and information on citizen rights in inheritance matters.

Next Steps

If you are considering preparing a will or have questions about an existing will in Serdivan, here's how to proceed:

• Gather all relevant information about your assets, family structure, and specific wishes regarding your estate.
• Consult with a qualified inheritance lawyer or notary for guidance tailored to your situation. The Sakarya Bar Association can help you locate local professionals.
• If you are a foreigner or have assets both inside and outside Turkey, seek advice from a lawyer with experience in international inheritance law.
• Prepare and, if possible, officially register your will through a notary to ensure clarity and legality.
• Keep your will updated to reflect significant life changes, such as marriage, divorce, or the birth of children.
• Inform trusted family members or your lawyer about the existence and location of your will.

Taking these steps ensures that your wishes are respected and that your loved ones are protected under the law in Serdivan, Turkey.