International Inheritance and Heirs Abroad in 99 Questions — Attorney Gizem Gonce

International inheritance law is the field regulating legal problems that arise in situations where the deceased or heirs have different country nationalities or estate properties are located in more than one country. Which country's law will be applied and which country's court is authorized are fundamental issues.

Yes. The nationality of the deceased is an important connecting point in determining the law to be applied. However, the country where the assets are located must also be evaluated separately, especially in terms of real estate.

Yes. Living abroad does not eliminate a Turkish citizen's right to inherit in Turkey. The status of being an heir and the share are determined within the framework of the law to be applied and relevant documents.

In the case of dual nationality, the law to be applied is determined by taking into account private international law rules and the person's nationality status. The deceased also having Turkish citizenship can carry importance in terms of issues where Turkish law will be applied.

Being a foreign national is not an obstacle to being an heir by itself. However, special statutory limitations must also be examined regarding the status of being an heir, the law to be applied, and especially the acquisition of real estate in Turkey.

The foreign national person can acquire the status of being an heir. Nevertheless, the acquisition and retention of the real estate by the foreigner is evaluated separately within the framework of Article 35 of the Land Registry Law No. 2644 and relevant limitations.

The transaction of transition through inheritance and the limitations regarding the foreign person's permanent holding of the real estate must be separated from each other. The statements of the General Directorate of Land Registry and Cadastre also include the approach of first carrying out the transition transaction and then evaluating acquisition conditions.

If there is a statutory limitation regarding the retention of the real estate by the foreign heir, the liquidation or other procedures foreseen in the relevant legislation may arise. The result is determined according to the person's nationality, the nature of the real estate, and regulations in force.

Yes. The heir can participate in the trial in Turkey personally or through a duly authorized attorney. Being abroad does not eliminate the right to file a lawsuit or be a party to a lawsuit.

Yes. For a power of attorney drawn up in a foreign country to be used in Turkey, certification, apostille, or consular procedures may be required depending on the country where the document was drawn up, the type of document, and relevant international conventions.

The same answer cannot be given for every document. The country where the power of attorney was drawn up, the official nature of the document, apostille or consular certification, and its Turkish translation must be evaluated. In addition, it is important that special powers are explicitly included in real estate transactions.

An apostille is a certification system that facilitates the use of foreign official documents in another country between signatory states. The apostille ensures the verification of the signature and official capacity on the document, not the accuracy of the content of the document or the validity of the legal transaction.

No. The country where the document was issued, whether it is a party to the apostille convention, and bilateral agreements between it and Turkey must be taken into account. For some documents, consular legalization or different verification methods may be required.

The type of the document, the nature of the issuing authority, and for which transaction it will be used in Turkey are important. Recognition of the foreign document or acceptance through another procedure may be required; not every foreign certificate of inheritance ensures that land registry transactions can be made directly in Turkey.

It must be determined whether the document is a court decision, a notary document, or another official record. In terms of foreign court decisions, recognition and, when necessary, enforcement rules may arise. The acceptance of other documents depends on the relevant legislation and the type of document.

An application must be made to the competent authority with the necessary documents to determine the inheritance relationship and the law to be applied. Foreign population records, documents showing family ties, death certificates, and translations may be requested. Cases where the application must be made to the court are evaluated separately.

Yes. If it can be legally determined that the foreign national is an heir, it may be possible to issue a certificate of inheritance within the framework of the relevant procedure. However, the law to be applied and the verification of foreign documents are important.

Yes. Legal and administrative procedures may be required in Turkey in terms of immovables located in Turkey or other estate elements. Jurisdiction and the law to be applied are determined within the framework of the nature of the property and relevant private international law rules.

It should not be assumed that a single law will apply to the entire estate. Article 20 of Law No. 5718 on Private International Law and Procedural Law contains special regulations regarding the general status of inheritance and immovables in Turkey. Relevant connecting factors in asset values such as bank accounts must also be examined separately.

Yes. The inheritance status is determined according to the law to be applied. However, registering the immovable property abroad in the land registry, its distribution, and transfer are mostly subject to the law and administrative procedures of the country where the immovable is located.

Not always. In terms of the courts and land registry authorities of the country where the immovable is located, that country's jurisdiction and property rules can be decisive. An additional recognition or local procedure may be required for the decision obtained in Turkey to produce effects in a foreign country.

First of all, the inheritance law to be applied, the inheritance status, and the necessary procedures must be determined according to the law of the place where the immovable property in Germany is located. The German land registry and relevant court or notary procedures are additionally fulfilled.

In general, the land registry record of the immovable property in a foreign country is obtained from the competent registry authority of that country. Although documents in Turkey can be used to prove inheritance, they do not automatically replace foreign registry procedures.

It may not be mandatory in every case; however, due to the language of the foreign country, procedural rules, land registry system, and tax regulations, local legal support is often important. Legal representation in Turkey and operations in the foreign country must be carried out in a coordinated manner.

Transactions can be made according to the legal nature of the heir's share. The transfer of the inheritance share while joint ownership continues is different from the sale of the ownership share in a specific immovable property. The land registry and community of heirs status must be examined before the transaction.

Yes. Whether the subject of the transfer is the inheritance share or a right over a specific asset must be clearly determined. The form of the contract, the power of representation, and land registry transactions, if necessary, must be fulfilled.

Yes. They may act in person in Turkey or through a duly authorised representative. The power of attorney must expressly cover the real estate transfer, and the necessary certification procedures must be completed.

The form of execution of the document, the capacity of the parties, the law to be applied, and the results that the transaction will produce in Turkish law must be examined. Since there are special formal requirements in transactions such as waiver of inheritance rights, it should not be assumed that foreign documents are automatically valid.

Yes. Pursuant to the fourth paragraph of Article 20 and Article 7 of Law No. 5718, certain law choices regarding the form of the testamentary disposition are taken into account. In addition, relevant international conventions to which Turkey is a party must also be evaluated.

If the will needs to be opened in Turkey, applying to the relevant peace court may arise. The original document, verification procedures regarding the country where it was issued, and its Turkish translation may be necessary.

Yes; however, a proper translation may be required so that the content of the document can be understood by Turkish authorities. It may be requested that the translation be prepared by a sworn translator and, when necessary, with notary or consular approval.

The law of the place where the will was made, the national law of the deceased, and Articles 7 and 20 of Law No. 5718 and relevant international conventions are taken into account. The mere fact that the document was issued in a foreign country is not a reason for invalidity.

The validity of such a disposition must be examined within the framework of the law to be applied, the mandatory provisions of Turkish law for immovables in Turkey, and reserved portion (saklı pay) rules. The fact that the immovable property is explicitly stated in the will does not solve all legal problems by itself.

If the law to be applied is Turkish law and the person qualifies as a reserved portion heir (saklı paylı mirasçı), living abroad does not eliminate this right. Claims and periods are evaluated according to the relevant reduction (tenkis) provisions.

It is essential that Turkish law applies in terms of immovables located in Turkey. Therefore, the reserved portion regulation in foreign law and the Turkish law provisions regarding immovables in Turkey must be examined by separating them from each other.

Yes. If the law to be applied and the international jurisdiction of Turkish courts exist, an heir living abroad can file a lawsuit. The lawsuit period, the status of the defendant, and the violation of the reserved portion must also be evaluated.

Not every foreign decision can be applied directly. Depending on the nature of the decision, recognition or enforcement may be required. In addition, the documents and procedural conditions required by land registry legislation must be fulfilled in order to transact in the immovable property registry in Turkey.

No. In situations that do not require the decision to be executed and where it only needs to produce the effect of res judicata (kesin hüküm), recognition may be sufficient. The appropriate path must be determined according to the nature of the decision and the result sought in Turkey.

The effect that the decision will produce in Turkey depends on the nature of the decision, its finality, jurisdiction and public order conditions, and recognition or enforcement requirements. In terms of immovables in Turkey, Turkish law and land registry rules must also be applied.

Article 58 of Law No. 5718 refers to the regulation regarding enforcement conditions in recognition; however, some conditions specified in the law are applied differently in terms of recognition. Elements such as the finality of the decision, exclusive jurisdiction, public order, and the right to defense must be examined in the concrete case.

Generally, a duly approved copy of the foreign court decision, the finality certificate, and necessary translations are submitted. Depending on the country where the document was issued, an apostille or consular legalization may be required. Additional documents may be requested according to the characteristics of the file.

The decision may not produce the effect of res judicata or conclusive evidence demanded in Turkey. In this case, the relevant legal relationship must be proven separately in Turkey or the recognition conditions must be fulfilled.

Yes. It is important whether the marriage relationship was continuing on the date of death of the deceased. Necessary recognition procedures and the date of finality for the legal effect of the foreign divorce decision in Turkey must be taken into account.

It can arise. A difference between the population registration in Turkey and the legal effect of the foreign decision can affect the inheritance status of the surviving spouse. The marital status must be legally clarified prior to distribution.

The spouse's status as an heir is determined within the framework of the marriage status valid on the date of death and the applicable inheritance law. If there are foreign marriage or divorce records, necessary procedures must be carried out for their recognition in Turkey.

Whether lineage has been legally established, the status of each child, and the applicable law are examined. Foreign birth certificates, acknowledgment decisions, and population records carry importance in determining the inheritance relationship.

The validity of the adoption and its inheritance consequences are evaluated within the framework of the relevant country's law, Turkish private international law rules, and necessary recognition procedures. The effect of the foreign adoption decision in Turkey must also be determined.

Yes. If the child's lineage and status as an heir have been legally determined, the place of birth being abroad is not an obstacle by itself. Foreign birth and family records must be submitted in due form.

Documents obtained from authorized population or registry authorities must be prepared within the framework of relevant international verification rules. Apostille, consular certification, and translation requirements can vary depending on the country and document type.

Depending on the country where the death certificate was issued and the official nature of the document, an apostille, consular certification, or other verification procedures may be required. Turkish translation may also be requested for the relevant transaction.

Accurate determination of the date of death is important in terms of the opening of the inheritance and the calculation of periods. Official death records, court decisions, and correction documents obtained from the relevant country authorities when necessary must be examined.

Yes. Incorrect translations in family ties, names, dates, asset descriptions, or legal terms can lead to delays in transactions or erroneous evaluations. It is important that legal documents are prepared with translations requiring expertise.

No. Each country's inheritance, tax, application, and objection periods can be different. It should not be assumed that periods in Turkey are valid in foreign countries as well; the legislation of the relevant country must be examined separately.

Inheritance tax and similar obligations require the examination of the tax legislation of the country where the assets are located and the tax legislation applicable according to relevant connecting points. The possibility of the same inheritance producing tax consequences in different countries must also be evaluated.

The country where the heir resides, the citizenship or place of residence of the deceased, and the place where the assets are located can affect tax liabilities. Double taxation avoidance agreements and local tax rules must also be examined.

No. Relevant Turkish tax legislation can apply in terms of assets located in Turkey or taxable events arising in Turkey. Tax liability and exemptions must be determined over the specific case.

The obligation to declare depends on the nature of the inheritance, the tax status of the heir, and the relevant legislation. Whether the assets in the foreign country give rise to tax in Turkey must be examined separately.

Company shares owned by the deceased can be an element of the estate to the extent they are transferable in nature. The corporate law of the country where the company was established, share transfer restrictions, and inheritance provisions must be evaluated together.

First of all, the identity and entitlement of the heirs must be proven to the relevant bank and authorized authorities. The inheritance, banking, identity verification, and tax procedures of the country where the bank is located are fulfilled.

Some institutions may accept this document as supporting evidence; however, it cannot be said that it is sufficient for every foreign bank or country. A local certificate of inheritance, court decision, or additional verification documents may be requested.

The type of pension right, individual savings nature, social security legislation, and the rules of the relevant country must be examined. Not every pension payment is directly included in the estate; rights such as survivor's pensions are evaluated separately.

The beneficiary determined in the insurance policy, the provisions of the insurance contract, and the law of the relevant country are important. The insurance proceeds may not be included in the estate in every case; the designation of the beneficiary and the inheritance law relationship must be examined separately.

Liability is determined according to which legal system the inheritance is subject to, the acceptance or renunciation of the inheritance, and the nature of the debt. Pursuing debts abroad in Turkey can also bring up the rules of international service of process and the recognition or enforcement of judgments.

The legal basis of the relevant claim, the liability of the heir, and the competent court must be determined. A foreign creditor's ability to apply to enforcement proceedings or lawsuits in Turkey depends on applicable national and international rules.

The applicable law, authorized authority, and periods regarding the renunciation of inheritance must be determined. If Turkish law applies regarding the inheritance in Turkey, the renunciation provisions of the Turkish Civil Code and the competent civil court of peace procedure are taken into account.

This result should not be accepted automatically. It must be examined before which authority, pursuant to which law, and with what formal requirements the declaration was made. Necessary recognition or acceptance conditions for it to produce legal results in Turkey are evaluated separately.

It is possible to draw up a power of attorney in due form; however, in transactions producing special consequences such as the renunciation of inheritance, the scope of the power of representation must be clearly determined. Necessary certification and translation procedures must be completed for the document to be used in Turkey.

If the applicable law is Turkish law, missing the renunciation period can result, as a rule, in the inheritance being deemed accepted. However, the conditions of different legal institutions such as renunciation by operation of law (hükmen ret) must also be examined separately.

Existing official records, population documents, and international cooperation mechanisms can be evaluated to determine the heir's identity and address. Party formation and service of process procedures in the trial must be conducted in compliance with statutory procedure.

Service of process is made within the framework of international conventions between the relevant country and Turkey and Turkish service legislation. Depending on the country, a central authority, consulate, or another authorized channel can be used.

The violation of the right to defense and procedural guarantees can affect the validity of the trial or the recognition of the foreign judgment in Turkey. Through which method and on which date service of process was made must be examined over documents.

There may not be an obligation to attend every hearing in person. The heir can be represented through their attorney; however, situations where the court deems personal hearing necessary and procedural provisions must also be taken into account.

Remote participation depends on the technical and legal facilities of the court and applicable procedural rules. It should not be assumed that there is an automatic right of online participation for every lawsuit.

The report can be submitted as evidence if it is connected to the relevant dispute and obtained in compliance with the law. The court evaluates the reliability, method, translation of the report, and its harmony with other evidence.

Obtaining evidence in a foreign country can be possible within the framework of international judicial assistance and relevant conventions. The scope of the request, which country it will be directed to, and that country's legislation must be taken into account.

It is used for obtaining documents and evidence in a foreign country, serving process, or carrying out specific procedural actions. These mechanisms contribute to the sound conduct of proceedings in cross-border disputes.

The place where the signature was affixed, the nature of the document, and the certification system of the relevant country are taken into account. Which of the notary, consular, or apostille procedures will be applied is determined according to the concrete document.

The parties of the contract, its subject, the law to be applied, and formal requirements must be examined. If a transfer of ownership of immovables in Turkey is in question, the official form and land registry registration rules of Turkish law also hold importance.

In some cases, separate proceedings or lawsuits may need to be conducted in different countries. However, parallel proceedings regarding the same dispute must be managed carefully in terms of jurisdiction, lis pendens (derdestlik), recognition of decisions, and the risk of conflicting decisions.

In general, it does not produce an automatic staying result. The procedural law of the court in the foreign country, international jurisdiction rules, and international agreements, if any, must be taken into account.

The existence of the foreign lawsuit does not change the land registry record in Turkey by itself. In order for the foreign decision to produce results in Turkey, the necessary recognition or enforcement conditions and Turkish law provisions regarding immovables must be examined.

Article 20 of Law No. 5718 clearly stipulates that Turkish law shall apply with respect to immovables located in Turkey. Therefore, even if a foreign element exists, the rules of Turkish law can be decisive in the transmission by inheritance and distribution of the immovable property in Turkey.

First of all, it must be segregated which legal issue the dispute relates to. Issues such as inheritance status, testamentary disposition, immovable property ownership, and distribution may be subject to different connecting rules. Articles 20 and 21 of Law No. 5718 hold importance in this evaluation.

Pursuant to Article 2 of Law No. 5718, the judge applies Turkish conflict of laws rules and the competent foreign law ex officio (re’sen); they may request assistance from the parties in determining the content of foreign law. Necessary research and expert opinion mechanisms can be utilized.

Article 2 of Law No. 5718 stipulates that if the foreign law to be applied cannot be determined despite all investigations, Turkish law shall apply. However, necessary research must be conducted before reaching this conclusion.

If the application of foreign law or the foreign decision producing results in Turkey creates results that are clearly contrary to Turkish public order, relevant statutory intervention provisions may arise. The public order exception is a mechanism that must be evaluated narrowly and concretely.

No. Turkish private international law rules provide special limitations in areas such as immovables in Turkey and public order. The application of foreign law does not mean that the mandatory provisions of Turkish law will be deactivated in every case.

Many transactions may be handled through an authorised representative. Specific procedural requirements may apply to identity checks, powers of attorney, land registry transactions, court participation and obtaining documents. Each transaction should be planned separately.

Death certificates, records showing the inheritance relationship, citizenship documents, residence information, wills, land registry and bank records, and foreign court decisions must be collected first. Verification and translation of documents should also be planned from the start.

Assets in each country must be listed under a separate heading. Immovables, bank accounts, company shares, vehicles, insurance rights, and debts should be indicated with country, registration number, value, and document information.

It varies depending on in which country and under which transaction scope the valuation and distribution will be made. Exchange rate date, valuation date, taxes, and foreign currency transfer rules must be clearly determined.

The source of the transfer, certificate of inheritance, bank procedures, tax liabilities, and anti-money laundering regulations must be taken into account. Documents that the bank may request should be prepared in advance.

If agreement cannot be reached regarding the valuation date and the exchange rate to be used, contract provisions or the law to be applied are examined. If necessary, expert valuation and account examination can be requested.

In terms of assets located in Turkey or rights for which Turkish courts can provide protection, an injunction may arise if legal conditions exist. The international jurisdiction of the court and the enforceability of the injunction must also be examined.

Yes. If the inheritance and representation status have been legally determined, they can participate in the management and leasing processes of the immovable property. Joint ownership and management rules must be observed for all heirs.

Assuming that a single country's law will apply to the entire estate, thinking that foreign decisions are automatically valid in Turkey, and neglecting document legalization processes are among the most frequently encountered risks. Every country and every asset type must be evaluated separately.

First of all, the nationality of the deceased, last place of residence, status of the heirs, and countries where the assets are located must be determined. Then, the law to be applied, competent authorities, document and translation needs, tax liabilities, and application deadlines should be planned as a whole.

In files where the legal systems of multiple countries come into play, knowledge of inheritance law alone may not be sufficient. Private international law, land registry, companies, tax, banking, and recognition of foreign decisions must be evaluated together. Transacting in the wrong country or through the wrong legal path can lead to serious losses of rights.

The most important element in international inheritance files is structuring the legal process correctly from the very beginning. A sound distribution strategy cannot be formulated without determining the nationality of the deceased, last place of residence, countries where the heirs are located, and the location of the estate goods.

Heirs living abroad may not necessarily have to come to the country to exercise their rights in Turkey. However, issues such as power of attorney, document verification, translation, notification, and the effect of foreign decisions in Turkey must be executed flawlessly.

Success in international inheritance law is not only determining the right of inheritance; it is ensuring that this right is implemented safely, accurately, and in an applicable manner among the legal systems of different countries.

With Attorney Gizem Gonce's approach, the primary goal in cross-border inheritance disputes is to minimize legal uncertainties, protect assets, and secure the rights of heirs within the framework of national and international law.