Preparing a Will: Requirements and Types

How is a will prepared?

Preparing a will helps a person plan in advance how they will distribute their assets after their death. Many people do not want to experience inheritance disputes in the future. Therefore, the testator writes their final wishes clearly and plans the distribution of assets in advance.

Moreover, the testator does not only leave behind assets. They may also disinherit certain heirs. Additionally, they may impose obligations on specific individuals. The Turkish Civil Code, however, places certain limits on the testator. The rules regarding the reserved portion are particularly significant. For this reason, everyone should manage the will preparation process carefully.

What Is a Will in the Process of Preparing a Will?

A will clearly expresses a person's final wishes that will take effect after their death. Through this document, the testator plans the asset distribution. At the same time, the person expresses their final wishes clearly.

A testator may:

• Appoint an heir
• Leave specific assets
• Select a substitute heir
• Request the establishment of a foundation
• Impose obligations on heirs

However, no one can distribute their entire estate completely freely, because the law grants special rights to heirs with a reserved portion.

What Are the Conditions for Preparing a Will?

The Turkish Civil Code sets some basic conditions for the will preparation process. Therefore, anyone who wants to carry out a valid transaction should pay attention to the following rules.

Condition of Being Fifteen Years of Age

The law requires the person to be at least fifteen years old.

Condition of Having Mental Capacity

The testator must be able to understand the consequences of their actions. Furthermore, the person must make their decision of their own free will.

For example, someone suffering from a severe mental illness cannot make sound decisions.

Condition of Complying with Reserved Portion Rules

The testator cannot distribute all their assets as they wish, because the law grants special rights to certain heirs.

Specifically:

• Descendants
• Surviving spouse
• Parents in some cases

have the right to a reserved portion.

Therefore, it is necessary to construct an inheritance plan carefully.

How Is a Formal Will Prepared?

Many people choose the formal will preparation method because the notary manages the process directly, reducing the possibility of error.

The testator can perform the transaction in the presence of a notary. Those who wish may also perform the transaction before a judge of the peace. Additionally, two witnesses participate in the process.

However, spouses, children, parents, and siblings cannot act as witnesses.

Formal Will Preparation by Reading

In the first stage, the testator explains their final wishes to the public official. Afterward, the official drafts the document.

Then, the testator reads the document. If they find the content appropriate, they sign it. Finally, the witnesses sign.

Formal Will Preparation Without Reading

Some people are illiterate. Some people have health problems. In such cases, the public official reads the document aloud. Afterward, the testator states that they accept the content. Finally, the witnesses sign.

How Is a Holographic Will Prepared?

Some people prefer the holographic will preparation method because this method does not incur additional costs. However, a person who makes a mistake may experience disputes in the future.

A person who wants to perform a valid transaction must:

✔ Write the entire document in their own handwriting
✔ Add a date
✔ Sign it

If a person leaves one of these conditions incomplete, heirs may file a lawsuit.

For example, if a person types the text on a computer, it will have no legal effect. Furthermore, a person who wants to make additions later must use their own handwriting again.

In Which Situations Is an Oral Will Possible?

The law only permits the oral will preparation path in extraordinary situations.

For example:

• Danger of death
• Severe illness
• State of war
• Extraordinary circumstances

may lead a person to this method.

First, the testator explains their final wishes to two witnesses. Then, the witnesses write down the statements and submit them to the relevant authority. If the testator survives for one more month after the extraordinary situation ends, the oral declaration will have no legal effect.

Can a Lawsuit Be Filed After Preparing a Will?

In some cases, heirs may file a lawsuit.

For example:

• If a person does not comply with formal requirements
• If the testator does not have mental capacity
• If someone exerts pressure
• If the testator violates reserved portion rules

heirs can request an annulment.

Therefore, everyone should act carefully during the will preparation process.

Conclusion

Preparing a will reduces potential future inheritance disputes. Additionally, the testator plans the asset distribution in a more controlled manner. For this reason, seeking legal support before the process provides more secure results.

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