A will is a unilateral disposition mortis causa by which a person determines how, after death, their estate, specific assets or rights, and certain other last wishes concerning the inheritance are to take effect. In Turkish law, the will is subject to strict formal rules in order to protect the person’s free intent and to reduce the problems of proof that may arise after death. For this reason, the form and the conditions under which a will is made are as decisive as “what is to be left.”
This guide has been prepared on the basis of the Turkish Civil Code (Türk Medeni Kanunu, TMK) in force as of October 26, 2026, the practice under the Notary Law (Noterlik Kanunu), the provisions on private international law, and current Court of Cassation (Yargıtay) decisions from 2023–2026. This text, which is intended to be updated while preserving the old URL and publication history, explains the entire process in a single framework, from the preparation of the will to its opening after death and its performance.
What Is a Will?
Under the Turkish Civil Code, the decedent (mirasbırakan) may, within the limits of the freedom of disposition, dispose of the whole or a part of their estate by will or by inheritance contract. A will is unilateral; during their lifetime the decedent may revoke it by the means provided by law or make a new will. An inheritance contract, by contrast, is as a rule a bilateral and more binding disposition mortis causa.
A will and an inheritance contract are not the same thing
| Subject | Will | Inheritance contract |
|---|---|---|
| Legal structure | Unilateral disposition mortis causa | Disposition mortis causa in the nature of a contract |
| Capacity | Capacity of discernment + having reached age 15 | Capacity of discernment + majority + not being placed under guardianship (kısıtlama) |
| Revocation | Possible unilaterally by the statutory methods | Unilateral termination is more limited |
| Form | Official, handwritten or, in extraordinary circumstances, oral | Bound to the form of the official will |
A will is not used only to leave immovable property
By will, an heir may be appointed, a specific asset or right may be left, a substitute heir or a reversionary heir (artmirasçı) may be designated, conditions and modal burdens may be imposed, an executor of the will may be appointed, and other dispositions mortis causa permitted by law may be made. That said, certain personal or social security rights are not part of the estate; for example, a survivor’s pension (ölüm aylığı) is not a property right whose beneficiary the decedent may freely determine.
Who Can Make a Will? Capacity to Make a Will
Under TMK Article 502, in order to make a will, a person must have the capacity of discernment and must have reached the age of fifteen. Being of full age is not required for a will. What is decisive is that, at the moment the will is made, the person is in a position to grasp the meaning and consequences of the act and to form their intent accordingly.
At what moment is the capacity of discernment required?
Capacity is assessed with regard to the moment at which the will is made. Advanced age, physical illness, a later placement under guardianship or forgetfulness that appears afterwards does not, by itself, mean that a will made in the past was made without capacity. In its decision of September 25, 2024, E. 2023/656, K. 2024/469, the Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) likewise emphasized that, in light of the health report and other evidence available at the date of the will, a later guardianship order does not by itself eliminate the capacity to dispose.
Is a health report mandatory after the age of 65?
The Turkish Civil Code contains no general age limit to the effect that “everyone over 65 must obtain a health report for a will.” Under Article 91 of the Regulation on the Notary Law (Noterlik Kanunu Yönetmeliği), the notary must be satisfied as to the person’s capacity to perform the act; if the capacity of discernment is doubted because of old age, illness, outward appearance, or a report or complaint, this is established by a doctor’s report. Although a report is frequently requested in practice at an advanced age, the legal criterion is not a fixed age but doubt about the capacity to act in the specific case.
Practical recommendation. Where there is advanced age, a history of neurological or psychiatric illness, heavy medication, or an expected dispute within the family, a health report made close to the day of the will that expressly assesses the capacity to act may carry significant evidentiary value in annulment disputes that may arise later. A report is not absolute proof on its own; where necessary, the court examines all health records together with the assessment of the Council of Forensic Medicine (Adli Tıp Kurumu).
The Three Types of Will
Under TMK Article 531, a will may be made in official form, in the testator’s own handwriting, or, in extraordinary circumstances, orally. These forms are limited in number. A computer file, an e-mail, a WhatsApp message, a video or an audio recording is not, on its own, one of the forms of will provided by law.
How Is an Official Will Made?
An official will (resmî vasiyetname) is drawn up by a public official with the participation of two witnesses. The official may be a judge of the civil court of peace (sulh hâkimi), a notary, or another officer authorized by law. In practice, the most common method is drawing it up before a notary.
The procedure for a testator who can read and sign
- The decedent communicates their last wishes to the official.
- The official writes the text, or has it written, and gives it to the testator to read.
- The testator reads and signs the text; the official dates it and signs.
- In the official’s presence, the testator declares to the two witnesses that they have read the text and that it contains their last wishes.
- The witnesses sign, stating that this declaration was made before them and that they consider the testator to have the capacity to dispose.
If the testator cannot read or sign
TMK Article 535 provides a special procedure. The official reads the will to the testator in the presence of two witnesses; the testator declares that the text contains their last wishes. The witnesses sign, writing or having written in the will both this declaration and the fact that the text was read in their presence and that they consider the testator to have the capacity to dispose. In this alternative procedure, it is particularly important that the formal steps be carried out in full.
Who cannot be a witness to an official will?
Under TMK Article 536, persons who lack the capacity to act, persons deprived of public service, persons who cannot read and write, and the decedent’s spouse, blood relatives in the ascending and descending lines, siblings, and the spouses of these persons cannot take part in the drawing up of an official will as official or witness. In addition, no benefit may be conferred by that will on the official and witnesses taking part in the drawing up, or on their ascendants, descendants, siblings and the spouses of these persons.
The consequence of a violation of the witness bar is not always the invalidity of the entire will. TMK Article 558/3 provides that, where the defect arises from the participation of persons who are themselves, or whose relatives are, benefited by the disposition, as a rule only the relevant benefit may be annulled. Which bar the specific case touches on must be examined separately.
Do witnesses have to know the content of the will?
No. In an official will made by a testator who can read and sign, it is not mandatory to disclose the content to the witnesses. The essential function of the witnesses is to confirm that the declarations required by law were made before them and that they consider the testator to have the capacity to dispose.
Where is the original of an official will kept?
Under TMK Article 537, the official who draws up the official will is obliged to keep the original. This is one of the important advantages of the official will, as it reduces the risk of the document being lost or later altered.
How Is a Handwritten Will Prepared?
According to TMK Article 538, a handwritten will must be written from beginning to end in the decedent’s own handwriting, indicating the year, month and day on which it is made, and must be signed. This is not an ordinary written document; it is a qualified disposition mortis causa bound to a strict form.
Mandatory elements of a handwritten will
- The entire text must be written in the testator’s own handwriting,
- The date of making must appear as year, month and day,
- The testator’s signature must be present.
Is typing on a computer and signing valid?
For a handwritten will, no. Typing the text on a computer and merely signing it does not satisfy the requirement in TMK Article 538 that it be “in handwriting from beginning to end.” In its decision of October 23, 2025, E. 2025/605, K. 2025/4533, the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) held that a computer printout that was merely signed is not valid as a handwritten will. In its decision of June 23, 2025, E. 2024/5099, K. 2025/3183, it also found a document written on a computer and lacking the date requirement to be contrary to the required form.
Why is the date so important?
The date is decisive for assessing whether the testator had capacity on that day, which of several wills was made later, and the relationships of revocation and conflict between them. In its decision of April 10, 2026, E. 2025/3930, K. 2026/1926, the 7th Civil Chamber of the Court of Cassation held that a handwritten will bearing neither a date nor a signature was contrary to the required form.
Must a handwritten will be deposited with a notary?
No. TMK Article 538/2 states that a handwritten will may be deposited, open or sealed, with a notary, a judge of the civil court of peace or a competent official for safekeeping; this is not a condition of validity. In its decision of February 23, 2023, E. 2021/8301, K. 2023/1076, the 7th Civil Chamber of the Court of Cassation likewise stated expressly that deposit is not a mandatory formal requirement. Nevertheless, safe custody is a strong precaution for ensuring that the document is found after death and delivered to the court.
Common mistakes in handwritten wills
- Leaving the date incomplete or writing only the year,
- Signing a computer printout or a text written by someone else,
- Using an initial, a seal or an ambiguous mark instead of a signature,
- Describing the asset or the beneficiary so vaguely that identity cannot be determined,
- Leaving later additions unclear as to date and integrity,
- Leaving the document in a place where no one will find it or where it can be destroyed.
In Which Situations Is an Oral Will Valid?
An oral will is not an ordinary choice but an exceptional form of will. Under TMK Article 539, it may be resorted to only where, because of extraordinary circumstances such as imminent danger of death, interruption of transport links, illness or war, it is not possible to make an official or handwritten will.
Making an oral will
The decedent explains their last wishes to two witnesses and instructs them to write, or have written, a will in accordance with that declaration. One of the witnesses immediately writes down the declared last wishes, also stating the place and the year, month and day, signs it and has the other witness sign it; together and without delay they submit the document to the civil court of peace or the civil court of first instance and make the necessary declarations. The law separately designates the authorities that stand in for the judge in certain extraordinary service situations.
What happens to the oral will if the extraordinary situation ends?
If the decedent later gains the opportunity to make an official or handwritten will and one month passes from that date, the oral will lapses. For this reason, the oral will is not a permanent third route chosen freely; it is a temporary solution tied to the period of necessity.
What Can Be Written in a Will?
Appointing an heir
The decedent may appoint one or more persons as heir to the whole of the estate or to a specified share. An appointed heir, like a statutory heir, becomes a universal successor of the decedent and joins the estate with its rights and debts.
Leaving a specific asset (legacy claim)
An immovable, a vehicle, money, a company share, a receivable, a usufruct or another specific economic value may be left to a person. Here the beneficiary is, as a rule, not an heir but a legatee (vasiyet alacaklısı), the holder of a legacy claim; ownership of the asset does not pass directly to them at the moment of death. The legatee acquires a personal right to demand performance against the debtor of the legacy (vasiyet borçlusu).
Substitute heirs and reversionary heirs
A substitute heir may be designated in case the appointed person dies before the decedent or disclaims the inheritance. In addition, within the limits permitted by law, a system of a first heir (önmirasçı) and a reversionary heir (artmirasçı) may be established. These institutions should be used carefully, especially in family company, specific immovable or intergenerational wealth planning.
Can a condition or a modal burden be imposed?
TMK Article 515 allows dispositions mortis causa to be made subject to a condition or a modal burden (yükleme). However, conditions and burdens contrary to law or morality may invalidate the relevant disposition; those that are meaningless or merely vexatious to others are disregarded. The validity of requirements that gravely interfere with personal freedom, such as “inherits if they do not marry this person,” must be examined in the specific case.
Can an executor of the will be appointed?
The decedent may appoint an executor of the will (vasiyeti yerine getirme görevlisi) to follow the implementation of the will, to manage the estate and to ensure that the instructions are carried out. This institution may be important in planning a large, multi-part estate or one in which a dispute is likely.
Can digital assets and crypto assets be written into a will?
Digital assets with economic value, crypto assets and transferable digital rights arising from contracts may be the subject of estate planning. However, platform contracts, access methods and private-key security must be assessed separately. For security reasons, instead of writing passwords and private keys directly into the open text of the will, it is more sensible to create a secure inventory and an access protocol.
Can property be left directly to a pet?
Animals are not persons or legal entities that can be an heir or a legatee. Instead, a benefit may be conferred on a specific person or institution for the care of the animal, and a lawful duty of care may be provided for.
Can I Leave My Estate to Whomever I Want? The Limit of the Reserved Portion
Freedom of testation is not unlimited. Under TMK Articles 505–506, descendants, parents and the surviving spouse enjoy the protection of a reserved portion (saklı pay) in specified proportions. The reserved portion of siblings was abolished in 2007. The disposable portion that the decedent may freely dispose of is determined by calculating the net estate and the reserved portions according to the specific family structure.
Current reserved portion rates
| Heir with a reserved portion | Reserved portion rate |
|---|---|
| Descendants | 1/2 of the statutory share |
| Each of the mother and father | 1/4 of the statutory share |
| Surviving spouse | The whole of the statutory share if an heir together with the descendants or the parents’ line; 3/4 of the statutory share in other cases |
| Siblings | No reserved portion |
Example: if the spouse and children are heirs together
The surviving spouse’s statutory share is 1/4, and the descendants’ total statutory share is 3/4. In this case the spouse has a reserved portion equal to the whole of their statutory share, and the descendants have a reserved portion equal to half of their statutory shares. Because debts and certain inter vivos benefits subject to abatement are also taken into account in the specific calculation of the estate, determining the “disposable portion” by looking only at the land registry or a bank balance may be wrong.
Is a will that exceeds the reserved portion automatically invalid?
No. A will that infringes the reserved portion does not, as a rule, lapse automatically. The heir whose reserved portion has been infringed requests abatement (tenkis), if its conditions are met. This distinction is important: an annulment action is directed at a legal defect in the will, whereas an abatement action is directed at reducing a valid disposition to the limit of the reserved portion.
Can Disinheritance Be Done by Will?
It is not possible to disinherit an heir with a reserved portion completely merely by saying “I do not want to leave an inheritance.” The Turkish Civil Code regulates disinheritance as separate institutions, namely punitive and protective disinheritance.
Punitive disinheritance: TMK Article 510
If an heir with a reserved portion has committed a serious offence against the decedent or one of the decedent’s close relatives, or has substantially failed to perform their obligations under family law toward the decedent or members of the decedent’s family, the heir may be disinherited by a disposition mortis causa.
The ground for disinheritance must be stated in the will
Under TMK Article 512, the ground for disinheritance must be stated in the disposition mortis causa. If the disinherited heir objects, the burden of proving the existence of the ground falls on the heir or legatee who benefits from the disinheritance. The decisions of the 7th Civil Chamber of the Court of Cassation from 2025 likewise emphasize that stating the ground in the disposition is mandatory.
Protective disinheritance on account of insolvency
As a separate institution, TMK Article 513 allows a descendant against whom a certificate of loss (borç ödemeden aciz belgesi) exists to be disinherited as to half of their reserved portion; however, the half so excluded must be assigned to the born and yet-to-be-born children of the descendant concerned. For this reason, this institution is not the same as punitive disinheritance.
How Is a Will Revoked? How Is It Amended?
A will may be amended or removed until the decedent’s death. The intent to revoke must also be expressed in a legally secure manner.
Making a new will
By complying with one of the forms of will provided in the law, the decedent may revoke the earlier disposition in whole or in part. If a later will conflicts with the earlier text, the conflicting parts of the earlier disposition cannot be applied. If there are several wills, their dates, scope and compatibility with one another are assessed together.
Destroying the will
The decedent may also show an intent to revoke by destroying the will. However, destruction of the document by accident or through the fault of a third party is not the same as destruction by the decedent for the purpose of revocation. In handwritten wills in particular, this distinction can lead to serious problems of proof.
Later sale of the asset bequeathed
Where a specific asset has been bequeathed and the decedent subsequently makes an inter vivos disposition of that asset that is incompatible with the bequest, the provision leaving that specific asset may lose its effect unless the contrary appears from the will. For this reason, significant changes in the estate after the will is made should be reviewed periodically.
When Is a Will Opened?
A will found after the decedent’s death must be delivered immediately to the judge of the civil court of peace, regardless of whether it is valid. TMK Article 595 imposes this duty of delivery on the person who drew up, kept or in any way came into possession of the will. Liability may arise for damage resulting from acting otherwise.
The one-month opening procedure
Under TMK Article 596, the will is opened by the judge of the civil court of peace at the decedent’s place of residence within one month from its delivery and is read to the interested persons. The known heirs and other interested persons are summoned to be present; the same steps are taken for wills found later.
Does the opening of a will mean that it is valid?
No. The opening is not a final judgment that the will is valid. The opening and reading before the civil court of peace is a non-contentious proceeding that informs the interested persons and affects the running of certain periods. Disputes concerning the annulment, abatement or performance of the will may be heard separately.
Certificate of appointed heir or legatee
Under TMK Article 598, if no objection is raised against the disposition mortis causa by the heirs or other legatees within one month from the date it is notified to them, the civil court of peace may issue to the person in whose favor the disposition was made a certificate showing that they are an appointed heir or legatee. This certificate does not have the nature of a final judgment; annulment and abatement actions are reserved.
Action for Annulment of a Will
The grounds for annulment are listed exhaustively in TMK Article 557. Where a will legally exists but one of these grounds has occurred, an heir or legatee with an interest may bring an annulment action.
Grounds for annulment
- The will was made when the decedent lacked the capacity to dispose,
- It was made as a result of mistake, fraud, duress or coercion,
- The content, conditions or modal burdens are contrary to law or morality,
- It was made without complying with the forms provided by law.
Time limits for the annulment action
According to TMK Article 559, the right to bring the action lapses one year from the date on which the plaintiff learned of the disposition, the ground for annulment and that they are entitled; and in any case, for wills, ten years from the date of opening against defendants in good faith and twenty years against defendants not in good faith. These are preclusive periods (hak düşürücü süre), and in the specific case the date of learning is of separate importance.
Court with subject-matter and territorial jurisdiction
In an annulment action, the court with subject-matter jurisdiction is, as a rule, the civil court of first instance (asliye hukuk mahkemesi). Under TMK Article 576, actions for annulment and abatement of the decedent’s dispositions are heard at the court of the decedent’s last place of residence.
Action for Abatement: How Is the Reserved Portion Protected?
The action for abatement (tenkis davası) is a request by an heir who has not received their reserved portion that the decedent’s benefits exceeding the disposable portion be reduced to the statutory limit. Unlike annulment, the basic premise here is that the disposition is valid but exceeds the limit of the reserved portion in amount.
Time limit for abatement
Under TMK Article 571, the right to bring an abatement action lapses one year from the date on which the heir learned that their reserved portion had been infringed and, in any case, for wills, ten years from the date of opening. In its decision of October 19, 2023, E. 2022/3831, K. 2023/4909, the 7th Civil Chamber of the Court of Cassation expressly assessed the importance of learning at the hearing for the opening of the will with regard to the one-year period.
The abatement calculation is not made from the text of the will alone
For abatement, elements such as the assets and liabilities of the estate, the values at the date of death, certain gratuitous inter vivos benefits and insurance values may be taken into account together. Therefore, in most files the question “does the value of the bequeathed immovable exceed the reserved portion?” requires a comprehensive estate calculation.
Performance (Tenfiz) of a Will
“Tenfiz” is the established term used in practice for the carrying out of a will. However, the legal consequence varies according to the content of the will. The status of a person appointed as heir and that of a legatee to whom a specific asset has been left are not the same.
The difference between an appointed heir and a legatee
An appointed heir becomes a universal successor and acquires rights in the inheritance automatically upon the decedent’s death. A legatee, by contrast, is a singular successor; they demand the transfer of the specific asset or right to themselves from the debtor of the legacy. Where an immovable is bequeathed as a specific asset, ownership does not pass directly to the legatee at the moment of death.
The ten-year statute of limitations for a legacy claim
According to TMK Article 602, the legatee’s right of action is subject to the statute of limitations (zamanaşımı) upon the passing of ten years from the date they learned of the benefit mortis causa or, if the debt will fall due later, from the date it falls due. In its decision of December 6, 2023, E. 2022/139, K. 2023/1213, the Civil General Assembly of the Court of Cassation emphasized that this period is a statute of limitations, not a preclusive period. In its decision of April 30, 2024, E. 2023/5462, K. 2024/2289, the 7th Civil Chamber of the Court of Cassation accepted that, in a specific case in which an annulment action was pending, the statute of limitations would begin to run when the dismissal of the annulment action became final.
Court with subject-matter jurisdiction for performance
In property actions concerning the performance of a will leaving a specific asset, the civil court of first instance is, as a rule, the court with subject-matter jurisdiction. Territorial jurisdiction and the proper joinder of the parties must be assessed separately in the specific file according to the nature of the legacy, the place where the asset is located and the decedent’s last place of residence.
Is a Will Made in a Foreign Country Valid in Türkiye?
For wills with a foreign element, not only the Turkish Civil Code but also Law No. 5718 on Private International and Procedural Law (MÖHUK) and the Hague Convention of October 5, 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, to which Türkiye is a party, are important.
MÖHUK Article 20 and validity of form
According to MÖHUK Article 20, succession is as a rule governed by the national law of the deceased; Turkish law applies to immovables located in Türkiye. MÖHUK Article 7 applies to the form of a disposition mortis causa; in addition, dispositions mortis causa made in a form complying with the national law of the deceased are also valid. Current Court of Cassation practice takes into account these alternative connecting rules, which preserve the validity of form as far as possible.
Document formalities when a foreign will is used in Türkiye
When a foreign will is used in Türkiye before a land registry, a court or another official authority, separate formalities may arise depending on the nature of the document, such as an apostille or consular certification, a certified translation and, where necessary, recognition and enforcement (tanıma/tenfiz) of a foreign court decision. A foreign “will document” and a foreign court’s probate or inheritance decision are not the same legal document; the route to be followed must be determined accordingly.
If there is immovable property in Türkiye
For immovables located in Türkiye, Turkish law is decisive. The land registry procedure for an appointed heir and for a legatee of a specific asset may differ. In the practice of the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü), the transfer for an appointed heir by means of a certificate of inheritance and the performance of the will in the case of a specific-asset legacy are treated as separate processes.
Legal Checklist When Preparing a Will
- Update the inventory of assets and debts; verify the block/parcel or independent-unit details of immovables.
- Identify the statutory heirs and the reserved-portion position using a family tree.
- Consciously choose between appointing an heir and leaving a specific asset.
- Identify the beneficiaries unambiguously; for persons with the same name, use distinguishing information such as the Turkish ID number or passport number in a controlled way.
- Apply all the formal requirements of the chosen type of will in full.
- If advanced age or a health-related dispute is expected, strengthen the evidence of capacity.
- In an official will, check the witness bars and the bar on benefits separately.
- If there is a condition or modal burden, write it so that it is capable of being carried out, lawful and moral, and sufficiently clear.
- For special assets such as company shares, a family company, agricultural land and assets in a foreign country, examine the special legislation separately.
- Create a secure access plan for digital assets; do not put passwords in the open text.
- Plan the secure safekeeping of the will and the mechanism by which it will be found after death.
- Review the will again when there is a significant change in the estate, the family structure or tax/inheritance law.
Common Legal Mistakes in Preparing a Will
Mistaking the reserved portion for “the will is invalid”
A violation of the reserved portion is, in most cases, a matter of abatement, not annulment. Choosing the wrong type of action can lead to problems of time limits and legal interest.
Preparing a handwritten will on a computer
A document typed on a computer and signed does not become a handwritten will. This is stressed repeatedly in current Court of Cassation decisions as well.
Thinking it is enough for the witnesses to be merely “friends”
The statutory bars on the witnesses and the benefits conferred on them or their relatives must be checked separately. Any relationship of kinship or interest does not automatically produce the same result; a full legal characterization is needed within the framework of TMK Articles 536 and 558.
Selling the asset in the will later and not updating the text
The sale or transfer of the bequeathed asset, or a change in its nature, may affect the carrying out of the bequest. A periodic compatibility check should be made between the asset plan and the will.
Leaving multiple wills without referring to one another
When wills of different dates conflict, problems of interpretation and revocation arise. The new text should state as clearly as possible whether the earlier will is revoked in whole or in part.
Frequently Asked Questions
At what age can a will be made?
A person who has reached the age of 15 can make a will, provided that they have the capacity of discernment.
Is it mandatory to make a will at a notary?
No. The law permits the official will, the handwritten will and, in extraordinary circumstances, the oral will. However, each type has its own formal requirements.
Is a health report mandatory above the age of 65?
There is no fixed age requirement of 65 in the law. If the notary doubts the person’s capacity to act, the notary requests a doctor’s report under Article 91 of the Regulation on the Notary Law.
Is a will written on a computer valid?
A computer printout is not a handwritten will, even if it has been signed. Validity can be considered only if all the conditions of another statutory form of will are met.
Can a WhatsApp message or a video be a will?
Not on their own. The forms of will in Turkish law are limited; a digital message or video does not take the place of the official, handwritten or oral form of will.
Is it necessary to leave a handwritten will with a notary?
No, it is not mandatory; but it may be recommended for safe custody and for the will to be found after death.
Can the whole estate be left to one person by will?
If there is no heir with a reserved portion, as a rule yes. If there is an heir with a reserved portion, freedom of disposition is limited by the reserved portions.
Do siblings have a reserved portion?
No. The reserved portion of siblings was abolished in 2007.
Is it possible to disinherit a child completely?
Only if the grounds for punitive disinheritance in TMK Article 510 or the conditions for protective disinheritance in Article 513 exist, and the requirements as to form and proof are met.
Can a will always be changed?
As long as the testator is alive and has capacity, they may revoke the will by the methods provided by law or make a new will.
Where is a will delivered after death?
A will that is found must be delivered without delay to the civil court of peace at the decedent’s place of residence.
Within what period is a will opened?
It is opened within one month from its delivery by the judge of the civil court of peace at the decedent’s place of residence and read to the interested persons.
Does the opening of a will mean that it is valid?
No. The opening does not establish validity by a final judgment; annulment and abatement actions may be brought separately.
What is the time limit for annulment of a will?
One year from learning; in any case, from the opening of the will, there are preclusive periods of ten years against a defendant in good faith and twenty years against a defendant in bad faith.
What is the time limit for an abatement action?
One year from learning of the infringement of the reserved portion and, in any case, ten years from the date of opening for wills.
Is there a time limit for the performance of a will?
Under TMK Article 602, the legatee’s right of action is subject to a ten-year statute of limitations from the date of learning or the later date on which the claim falls due.
Can a retirement pension be left by will?
The beneficiaries of social security rights such as a survivor’s pension (ölüm aylığı) are determined by law; they cannot be freely changed by will. Whether certain monetary receivables that arose before death but remain unpaid enter the estate is assessed separately.
Can crypto assets be left by will?
Crypto and digital assets that have economic value and are transferable may be included in the estate plan; separate technical planning is required for access and security.
Can a will made in a foreign country be valid in Türkiye?
Yes. MÖHUK Articles 7 and 20 and the 1961 Hague Convention provide more than one connecting rule as to form. Immovables in Türkiye and the procedures for using documents are examined separately.
Is a lawyer mandatory for preparing a will?
No. However, in files involving a reserved portion, company shares, assets abroad, several wills or a high risk of dispute, legal design and a check of form are important.
Conclusion: The Strength of a Will Comes from Form and Planning Discipline
A will is a powerful but extremely form-bound legal instrument that carries out the decedent’s wishes concerning their estate after death. For a valid and enforceable will, capacity, freedom of intent, the correct form of will, the reserved-portion analysis, the clarity of the descriptions of beneficiaries and assets, the witness bars, and the safekeeping and post-death implementation mechanism must be planned together.
Especially where there is a family company, several immovables, assets in foreign countries, children from previous marriages, high-value digital assets or an expected family dispute, the will should be treated not as a single document but as part of a holistic estate-planning exercise.
Key Legal Sources and Current Case Law
- Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu): in particular Articles 502–504, 505–517, 531–544, 557–571, 575–600, 602.
- Regulation on the Notary Law (Noterlik Kanunu Yönetmeliği), Article 91 (determination of the capacity to act).
- Law No. 5718 on Private International and Procedural Law (MÖHUK), Articles 7, 20 and 43.
- Hague Convention of October 5, 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions.
- Civil General Assembly of the Court of Cassation (Yargıtay HGK), E. 2023/656, K. 2024/469, September 25, 2024 (capacity to make a will and later placement under guardianship).
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. HD), E. 2023/1341, K. 2024/1552, March 14, 2024 (form of the handwritten will).
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. HD), E. 2021/8301, K. 2023/1076, February 23, 2023 (deposit of a handwritten will for safekeeping is not mandatory).
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. HD), E. 2025/605, K. 2025/4533, October 23, 2025 (a computer printout is not a handwritten will).
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. HD), E. 2025/3930, K. 2026/1926, April 10, 2026 (absence of date and signature).
- Civil General Assembly of the Court of Cassation (Yargıtay HGK), E. 2022/139, K. 2023/1213, December 6, 2023 (ten-year statute of limitations for a legacy claim).
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. HD), E. 2023/5462, K. 2024/2289, April 30, 2024 (start of the statute of limitations for performance in a specific case in which an annulment action was pending).
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. HD), E. 2022/3831, K. 2023/4909, October 19, 2023 (learning in the abatement time limit).