Which Will Applies When There Is More Than One Will? Lawyer Gizem Gonce Answers

Av. Gizem Gonce

More than one will drawn up by a notary can lead to serious disputes between heirs and people to whom property has been left under a will. But if wills emerge in which the deceased left property to different people on different dates, which document will govern? Will the earlier will become completely invalid, or can more than one will be applied together? Lawyer Gizem Gonce answered these questions, which frequently arise in inheritance law.

INTERVIEW

Question: After a person’s death, if more than one will drawn up by a notary emerges, what should be done first?

Lawyer Gizem Gonce: First, the dates, contents, manner of execution, and relationship to one another of all the wills must be examined. The existence of more than one will does not mean that all of them are automatically invalid or that all of them will be applied in full.

The key issue is to determine legally what the deceased’s last wishes were. In one will the deceased may have left real property to one child, and in a later will left it to another person. In that case, looking only at the order of dates is not enough. It must be assessed whether the later will revoked the earlier will, amended the earlier disposition, or supplemented it.

For this reason, all documents must be considered together; the deceased’s wishes, the provisions of the wills, and the rights of the legal heirs must be evaluated together.

Question: Is the most recent will always the only valid will?

Lawyer Gizem Gonce: No. This is a mistaken assumption often encountered in inheritance law.

Under Article 542 of the Turkish Civil Code, the deceased may revoke an earlier will, wholly or in part, by making a new will in one of the forms prescribed by law.

Article 544 of the same Code addresses the situation in which a new will is made without the earlier will being revoked. Under that provision, the later will takes the place of the earlier will unless it supplements the earlier will in a way that leaves no room for doubt.

Accordingly, although the date of the later will is important, it is not decisive on its own. The contents of the documents and the deceased’s wishes must be taken as the basis.

For example, if a particular real property was left to one person in the first will and the same property was left to another person in the second will, the conflict between the two dispositions must be examined. By contrast, if the later will does not conflict with the earlier disposition and supplements it, it may be possible to apply both wills.

Question: What happens if our father left property to different children or third parties in wills made on different dates?

Lawyer Gizem Gonce: In such a situation, it is necessary to consider which asset each will covers.

For example, the father may have left one house to his daughter in his first will and another immovable property to his son in his second will. If these dispositions are consistent with one another, both may produce legal effects.

However, a dispute arises if the same house or the same asset is left to different people in different wills. In that case, it must be assessed whether the later will amended the earlier disposition, whether it contains an intention to revoke the earlier will, and which provisions may be applied.

In addition, the validity of a will and the actual delivery of the bequeathed property or its transfer in the land registry are not the same issue. Even if a will is valid, the legal conditions required to carry out the bequest may need to be assessed separately.

Question: What can a person who was left property in the first will do if they believe a later will has deprived them of their rights?

Lawyer Gizem Gonce: First, the legal nature of the later will must be determined. The deceased may have revoked the earlier will, wholly or in part. However, this does not mean that the earlier will was invalid when it was made.

Invalidation of a will and revocation of an earlier will through a later will are different legal issues. Article 557 of the Turkish Civil Code sets out grounds that may require a will to be invalidated. These include the deceased’s lack of capacity to make a disposition, defects of will, unlawfulness or immorality, and failure to comply with statutory formal requirements.

Therefore, a person should not assume that an invalidation action must automatically be filed merely because a later will was made. Depending on the nature of the dispute, legal avenues relating to invalidation of the will, reduction (tenkis) of excessive testamentary dispositions, or fulfilment of the bequest should be considered.

Question: What happens if it is alleged that one of the wills was made under pressure, deception, or the influence of the deceased’s health condition?

Lawyer Gizem Gonce: These allegations must be examined separately. The fact that a will was drawn up at a notary does not mean it is indisputably valid in every case. At the same time, a family member’s mere view that the will is unfair does not, by itself, make it invalid.

Whether the deceased had capacity of discernment on the date the will was made, whether their will was impaired by mistake, deception, or intimidation, and whether the will complied with the statutory formal requirements must be assessed on the basis of concrete evidence.

Medical records, witness statements, notarial transaction documents, and other evidence relating to the circumstances may be important. Which evidence is necessary, however, depends on the nature of the allegation made.

Question: If the wills grant different rights to more than one person, what happens to the rights of heirs entitled to a reserved share?

Lawyer Gizem Gonce: This is an important matter that must be considered separately. The deceased’s freedom to make a will is not unlimited. The Turkish Civil Code provides protection of reserved shares for certain heirs.

Descendants, the mother and father, and the surviving spouse may be heirs entitled to a reserved share, depending on the conditions set out by law. The scope of the reserved share is determined according to the family structure on the date of the deceased’s death and the statutory provisions that apply.

Even if the wills are valid, if the benefits conferred violate reserved shares, heirs who meet the conditions may claim reduction (tenkis). In this respect, invalidation of a will must be distinguished from a reduction action aimed at reducing benefits that exceed the reserved share.

For this reason, in files involving more than one will, it is necessary to consider not only the validity of the documents, but also the estate as a whole, debts, the status of the heirs, and calculations of reserved shares.

Question: How does the process proceed if the heirs cannot reach an agreement among themselves?

Lawyer Gizem Gonce: First, the process for duly submitting the wills to the court, opening them, and notifying the interested parties must be followed. The opening and reading of a will does not conclusively establish that it is valid or that all of its provisions will be applied without dispute.

Depending on the nature of the dispute, actions for invalidation of a will, reduction (tenkis), or fulfilment of the will may be at issue. The conditions, parties, and legal consequences of these actions differ. It may not be appropriate in every case to bring the same type of action or to raise all claims in a single action.

Especially in files involving more than one will, it is important to examine each document separately before bringing an action and to identify the claims on the correct legal basis. Choosing the wrong legal route may lead to loss of rights or prolong the process.

Question: What is your most important advice to families facing such a situation?

Lawyer Gizem Gonce: First, I recommend that family members do not act by relying only on the will that benefits them among those they hold. It is not right to reach a definitive conclusion about who is entitled to what without assessing all the wills together.

The dates and contents of the wills, provisions that conflict with one another, the deceased’s last wishes, and the rights of heirs entitled to a reserved share must be examined as a whole. A legal assessment should also be made without delay in view of action and application deadlines.

Inheritance disputes are not only about dividing property. They often also have a profound effect on family relationships. The aim should therefore not be to favour one person over another, but to establish the deceased’s legally valid last wishes and protect the rights of all interested parties arising under the law.

When there is more than one will, the correct outcome is determined not by looking only at the most recent document, but by assessing all the wills and the rules of inheritance law together.