Testamentary Disposition and Testaments in Turkish Inheritance Law

by Gokhan Cindemir

Testamentary Disposition and Testaments in Turkish Inheritance Law

Transactions made after the testators’ death are regarded as testamentary disposition. There is allocated portion in entire inheritance assets for this transaction. Therefore, testator has only limited portion to transfer some assets from his/her entire assets. Testamentary disposition is merely possible for the rest of the shares excluding untouchable(reserved) shares. In absence of inheritors who have reserved portions or if they do not request their share, then testator can appoint his/her own inheritors via testamentary disposition.

How many testamentary disposition types exist in Turkish Law?

There are two types of testamentary dispositions, testament and inheritance contract.

What is testament?

It is legal transaction on testators’ assets and as an unilateral transaction it has legal effect and it has depending character on testamentary disposition.

Every person which is over 15 years old and have mental capacity has right to will on his/her assets to somebody else.

This transaction can not be carried out by means of an attorney. There are three types of testament procedure in Turkish law as oral testament, official testament and handwriting testament.

Official Testament

This testament can be issued by a justice of the peace or notary. The testament must be in Turkish, if the Turkish speaking ability is lacking the testament must be prepared via an official translator.

Notary must keep original testament and its approved copy.

Cursive Testament

This testament can be written by handwriting but it must be delivered to justice of the peace or notary. This testament must be signed and the date must also be reflected to testament by handwriting. The signature must be signed by the hand instead of a seal or a finger print.

Oral Testament

For conclusion of an oral testament, testator must explain his/her last wills to two witnesses and he/she must appoint them to reflect testator’s explanations to document as a testament. The condition of mental capacity must be also sought for the witnesses. To conclude an oral testament, the conditions to prepare official testament and cursive testament must not be available. Accordingly, there must be a war, a shortage of food, a flood or other force measure reasons to use this method (oral testament) instead of other said methods.

How can we prepare oral testament?

After the testator’s explanation, the witnesses must write what it has been said by the testator to a paper. The date must be specifically mentioned and signed by both two witnesses. Those witnesses must go to justice of the peace in order to inform that said testament is concluded in extra-ordinary conditions and they heard the context of the testament as witnesses.

Inheritance Contract

Inheritance contract is a bilateral contract between the testator and a third part for the purpose of testamentary disposition which can be carried out by a contract.

Due to its contractual character, testator cannot withdraw the provisions reflected to the contract.

The inheritance contract can solely be concluded with the same procedure as official testament. Both parties of the contract must inform about their wills to a government officer and sign the contract in the presence of two witnesses.

Is it possible to annul this contract by unilateral rescission?

In case that beneficiary of the contract shall take an action against testator and if this action can be regarded as disrespectful manner against testator. Then the testator may annul the contract by unilateral rescission. Additionally, the contract can be also annulled by the consents of both sides.

Renunciation of the Inheritance Contract

A potential inheritor can waive his/her portion by a contract concluded with the testator for the possible inheritance might be remained from a testator.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Gokhan Cindemir | Attorney Advertising

Written by:


Gokhan Cindemir on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.