Succession

Last will and testament

The unilateral disposition by which a person declares their final wishes on property and other matters, taking effect upon death.

All terms

A will is the disposition mortis causa in which a person declares their final wishes to take effect after death. Turkish law recognises three forms: the official form executed before a notary; the holographic form written entirely by hand, dated and signed; and the oral form available only in extraordinary circumstances.

Capacity of discernment and completion of the statutory minimum age suffice to make a will. Its content may appoint heirs, leave specific assets, establish foundations and revoke earlier dispositions, though dispositions infringing reserved shares remain open to abatement. A will is freely revocable at any time.

After death, the will is opened and read by the civil court of peace in the presence of the interested parties. Because missing dates or signatures and other formal defects in holographic wills lead to annulment, preparing these documents with professional support is of real importance.

Not to be confused with

Miras sözleşmesi ile karıştırılmamalıdır: sözleşme iki taraflıdır ve kural olarak tek yanlı geri alınamaz, bu tasarruf ise her zaman serbestçe değiştirilebilir.

Statutory basis

  • TMK m.531
  • TMK m.538

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.