The Turkish Civil Code contains comprehensive provisions regulating inheritance law. These regulations determine how the assets of the testator will be shared after his death. Will arrangements are of great importance for the fair and legal distribution of the inheritance. Official will, one of the types of wills, is a preferred document especially in terms of its legal validity and reliability.
1. Turkish Civil Code and Will Concepts
The Turkish Civil Code regulates individuals' personal rights, family relations, property rights and debts. A will is a unilateral, death-related legal act that specifies how a person's assets will be distributed after his or her death. The official will, which is the most preferred type of will, is drawn up in front of a notary or authorized officer, with the participation of two witnesses.
2. What is an Official Will?
Official will is a type of will prepared in front of a notary, magistrate or authorized officer in accordance with certain formal conditions, in which the testator declares his last wishes and how his assets will be distributed.
2.1. Definition and Purposes
The purpose of the official will is to ensure the legal validity of the testator's wishes. Such wills are drawn up in accordance with legal requirements to prevent disputes that may arise in the future.
3. Elements Included in the Official Will
The basic elements that must be included in the official will are:
- Information of the person who prepared the will
- Information of witnesses
- Details of the assets to be willed
- Date and place of issuance of the will
3.1. Information of the Person Who Prepared the Will
Name, surname, T.R. of the person who prepared the will. ID number, address and other identification information must be included in the official will. This information is important for the validity of the will.
4. Provisions Regarding the Official Will
The official will contains provisions regarding to whom and how the testator's assets will be distributed. These provisions determine the rights and shares of the heirs.
4.1. Provisions to be Included in the Will
Provisions to be included in the will include the distribution of the inheritance, the determination of heirs, to whom certain assets will be left, and special conditions, if any.
5. How to Prepare an Official Will?
The process of making a formal will is subject to certain legal requirements and procedures. In this process, the presence of a notary, a judge of peace or an authorized officer and two witnesses is mandatory.
5.1. Legal Terms and Requirements
In order for an official will to be drawn up, the testator must have the power of discernment and be over fifteen years of age. Additionally, the will must be drawn up before a notary, magistrate or an authorized officer. In addition, the testator must act with his free will and not be under any pressure.
6. Official Will Comes into Force
The official will comes into force upon the death of the testator. The validity of the will depends on it being drawn up in accordance with the specified legal procedures.
6.1. In Case of Death of the Will Maker
When the person who prepared the will dies, the will is opened by a notary or authorized officer, notified to the heirs and comes into force. Opening the will is important for the heirs to learn their rights and initiate the necessary legal procedures.
7. Amending the Official Will
The testator has the right to make changes to the will. These changes must also be made in accordance with certain legal procedures.
7.1. Procedures for Making Changes in the Will
Making changes to the will can be done by drafting a new will or making changes to the existing will. These transactions must be carried out in front of a notary, magistrate or authorized officer. When making changes, the previous will must not become invalid and the new regulations must be clearly stated.
8. Errors and Omissions in the Official Will
Errors or omissions in the will may affect its validity. Therefore, care should be taken and legal requirements should be followed when preparing a will.
8.1. Errors That Need To Be Fixed
Errors detected in the will must be corrected by the testator before a notary, magistrate or authorized officer. This correction must also be made in accordance with legal procedures. In addition, correcting errors in the content of the will is important to protect the rights of the heirs.
9. Waiver of Will
The testator may waive the official will. Waiver terminates the validity of the will.
9.1. Validity of Waiver of Will
In order for the waiver of the will to be valid, the testator must make this declaration in front of a notary, magistrate or authorized officer. The declaration of renunciation terminates the legal validity of the will and ensures that the assets of the testator remain with the legal heirs.
10. Cancellation in Official Will
An official will can be canceled for certain reasons. Cancellation must also be made in accordance with legal procedures.
10.1. Reasons for Cancellation of the Will
Reasons for annulment of a will include the testator's lack of discernment, failure to comply with legal formal requirements, and the illegality of the will. In addition, situations such as fraud, intimidation or pressure during the preparation of the will may also be grounds for cancellation.
11. From Official Will to Rejection
The person who prepared an official will may make a declaration of rejection of the will under certain conditions.
11.1. Declaration of Disclaimer in the Will
A statement of disclaimer in a will states that the testator renounces leaving a certain asset to a certain heir. This declaration must be made before a notary, magistrate or authorized officer. A declaration of repudiation does not terminate the validity of the will, but it prevents certain provisions from being enforced.
12. Procedures to be Taken Against Cancellation and Rejection Decisions from the Official Will
An objection can be made against the will cancellation and rejection decisions. These objections must be made within the framework of specific legal procedures.
12.1. Objection to Court Decisions
Objections against decisions to cancel or reject the will can be made by applying to the competent courts. Courts decide by evaluating objections. During the objection process, the validity of the will, its compliance with legal requirements and the will of the testator are taken into consideration.
13. Determining the Estate in the Official Will
Inheritance refers to all the assets and debts of the testator. Determination of the estate ensures that the inheritance is distributed fairly.
13.1. Sharing of Estate and Inheritance
While determining the estate, the assets and debts of the testator are determined. After this determination, a fair sharing between the heirs makes. The sharing of the inheritance is carried out between the legal heirs and the heirs determined by the will.
14. Determination of Succession in the Official Will
Velasıt is the person designated for the management and distribution of the inheritance. The testator may determine succession in the official will.
14.1. Definition and Importance of Succession
Velasıt ensures that the assets of the testator are managed correctly and fairly. This person is responsible for distributing the bequeathed assets to the heirs. Determination of succession is of great importance for the management of the inheritance.
15. Approval of the Will in the Official Will
Approval of the official will is carried out by a notary, magistrate or authorized officer. This confirmation ensures the legal validity of the will.
15.1. Approval Process and Requirements
The confirmation process verifies that the will has been drawn up in accordance with the legal form requirements. The confirmation is made by a notary, magistrate or authorized officer and ensures the legal validity of the will. The confirmation process is important for the will to come into force.
16. Execution of the Will in Official Will
Executing a will involves distributing the bequeathed assets to the heirs. In this process, the bequeathed assets are delivered to the heirs.
16.1. Fulfillment of the Will
The execution of the will is done in accordance with the provisions contained in the will. The heirs receive the bequeathed assets and the distribution is made according to the rules of inheritance law.
17. Application Examples in Official Wills
Official wills are drawn up in accordance with the Turkish Civil Code in order to determine the wishes of the testator and protect the rights of the heirs. Below are examples of official wills that cover different situations. These examples will provide guidance on how an official will can be drawn up and implemented.
17.1. Different Will Examples
Example 1: Leaving Assets to a Single Heir
Text of the Will:
Testator: Ahmet Yılmaz
T.R. ID Number: 12345678901
Address: Çankaya, Ankara
Date: 01.01.2024
I, Ahmet Yılmaz, am fully competent and have the power of discernment, and draw up this will of my own free will. With this will, I leave all my property to my brother Mehmet Yılmaz. As the testator, all my real estate, bank accounts and other assets will belong to Mehmet Yılmaz.
This will was prepared in the presence of a notary and with the participation of two witnesses. All legal conditions required for my will to be valid have been met.
Testator: Ahmet Yılmaz (Signature)
Witness 1: Ayşe Kaya (Signature)
Witness 2: Ali Demir (Signature)
Notary: Notary Name (Signature)
Example 2: Distribution of Assets to More than One Heir
Text of the Will:
Testator: Zeynep Kaya
T.R. ID Number: 98765432109
Address: Kadıköy, Istanbul
Date: 15.03.2024
I, Zeynep Kaya, am making this will of my own free will, with full capacity and discernment. With this will, I want to distribute my assets as follows:
- My flat in Istanbul will be left to my son Ali Kaya.
- My lands in Ankara will be left to my daughter Elif Kaya.
- All the money in my bank accounts will be left to my wife Mehmet Kaya.
This will was prepared in the presence of a notary and with the participation of two witnesses. All legal conditions required for my will to be valid have been met.
Testator: Zeynep Kaya (Signature)
Witness 1: Mehmet Demir (Signature)
Witness 2: Ayla Çelik (Signature)
Notary: Notary Name (Signature)
Example 3: Donation of Certain Assets
Text of the Will:
Testator: Mehmet Öztürk
T.R. ID Number: 11223344556
Address: Bornova, Izmir
Date: 10.05.2024
I, Mehmet Öztürk, am fully competent and have the power of discernment, to draw up this will of my own free will. With this will, I leave my summer house in Izmir to my nephew Ahmet Öztürk. All my assets, except this summer house, will be shared equally among my legal heirs.
This will was prepared in the presence of a notary and with the participation of two witnesses. All legal conditions required for my will to be valid have been met.
Testator: Mehmet Öztürk (Signature)
Witness 1: Selin Aydin (Signature)
Witness 2: Bora Yılmaz (Signature)
Notary: Notary Name (Signature)
Example 4: Donating to an Institution
Text of the Will:
Testator: Ayşe Demir
T.R. ID Number: 55667788900
Address: Beşiktaş, Istanbul
Date: 20.07.2024
I, Ayşe Demir, am making this will of my own free will, with full capacity and discernment. With this will, I want to donate some of my assets to a charity. My apartment in Istanbul will be donated to the Turkish Education Foundation (TEV). All my remaining assets will be shared equally among my legal heirs.
This will was prepared in the presence of a notary and with the participation of two witnesses. All legal conditions required for my will to be valid have been met.
Testator: Ayşe Demir (Signature)
Witness 1: Ahmet Can (Signature)
Witness 2: Ece Yılmaz (Signature)
Notary: Notary Name (Signature)
Example 5: Leaving an Inheritance to Adoption
Text of the Will:
Testator: Fatma Kara
T.R. ID Number: 33445566778
Address: Konak, Izmir
Date: 05.11.2024
I, Fatma Kara, am making this will of my own free will, having full capacity and the power of discernment. With this will, I want to leave my property to my adopted daughter, Aslı Kara. All my real estate, bank accounts and other assets will belong to Aslı Kara. All my remaining assets will be shared equally among my legal heirs.
This will was prepared in the presence of a notary and with the participation of two witnesses. All legal conditions required for my will to be valid have been met.
Testator: Fatma Kara (Signature)
Witness 1: Emre Demir (Signature)
Witness 2: Hande Yılmaz (Signature)
Notary: Notary Name (Signature)
These examples show how official wills can be prepared in accordance with the Turkish Civil Code. Every will must be prepared in accordance with the wishes of the testator and legal requirements, and legal procedures must be fully complied with. This ensures the validity of the will and the protection of the rights of the heirs.
18. Conclusion and Evaluation
The official will is an important document that makes the wishes of the testator legally valid. Official wills drawn up in accordance with the Turkish Civil Code ensure the fair and legal distribution of inheritance. Transactions such as issuance of a will, amendment, cancellation and waiver must be carried out in accordance with certain legal procedures. Official wills are of great importance in terms of inheritance law. These documents secure the wishes of the testator and ensure the fair distribution of the inheritance. Drawing up a will is important to protect the rights of the heirs and prevent possible disputes.