A will (vasiyetname) is an important inheritance law instrument in which a person sets out their last wishes on how their assets should be dealt with after their death. People may make a will in order to decide how the assets they have acquired during their lifetime will be shared in the future and to reduce uncertainties that may arise between the heirs.

In inheritance law, a will should not be seen only as a way of leaving property. It is also a tool that gives legal protection to certain arrangements a person wants to be carried out after their death.

Wills that are not prepared correctly or do not meet the legal requirements may prevent the person’s true wishes from being carried out and may lead to long-running disputes between the heirs.

What Is a Will?

A will is a unilateral disposition upon death (ölüme bağlı tasarruf) that a person makes to take effect after their death. The person making a will declares their wishes for the future within the scope of their power to dispose of their assets.

A will is based on the person’s free will. However, this freedom is not unlimited. In Turkish inheritance law, the reserved share (saklı pay) rights of certain heirs are protected.

For this reason, when preparing a will, it should be assessed not only what the person wants but also whether that wish can be carried out within the legal limits.

Why Make a Will?

Many people do not feel the need to make a separate will, thinking that their estate will in any case be shared among the statutory heirs. However, a will can provide important legal protection, especially where the structure of a person’s assets is complex.

Through a will, people can specify to whom they want a particular asset to be left, make a special benefit to certain people, or set out how they would like the inheritance to be divided.

A will is an important planning tool especially for people who own real estate, have a commercial business, have assets in different countries or have a complex family structure.

Who Can Make a Will?

To make a will, a person must have the capacity to distinguish right from wrong (ayırt etme gücü) and must meet the age requirement laid down by law.

It is important that the person making the will is able to understand the meaning and consequences of what they are doing. If there is pressure, mistake or unlawful influence affecting the person’s will, the validity of the will may be disputed.

What Types of Will Are There?

There are different types of will in Turkish law. Each type of will has a different form of preparation and different validity requirements.

Handwritten Will

A handwritten will is a type of will that the person prepares in their own handwriting.

For this will to be valid, it must be written entirely in the testator’s own handwriting, dated and signed.

Documents prepared and signed on a computer, or written by someone else, may not be accepted as a handwritten will.

Official Will

An official will is a type of will drawn up before authorised persons in accordance with the procedures set out in law.

Since greater importance is given to formal requirements in official wills, this is one of the methods preferred especially by people with extensive assets.

The aim of this method is to reflect the person’s true wishes correctly from a legal point of view and to reduce any disputes about form that might arise in the future.

Oral Will

An oral will is an exceptional type of will that can be used in extraordinary circumstances.

It may arise in special situations where the person is unable to make the other types of will, such as imminent danger of death.

For an oral will to be valid, the special conditions laid down by law must be met.

What Can Be Arranged by Will?

Many arrangements concerning a person’s assets can be made by will. However, the scope of the arrangements that can be made should be assessed within the rights the person has and the limits of inheritance law.

Leaving a property to a particular person, giving a particular asset to a person, or arranging certain inheritance relationships may be possible by will.

In addition, statements of wishes on certain personal or family matters may also be significant under certain conditions.

One of the most important issues to consider when preparing a will is the rights to a reserved share.

Although the deceased has freedom to dispose of their assets, they cannot make arrangements that completely remove the rights of certain heirs protected by law.

Wills that exceed the reserved share limit may, at the heirs’ request, become the subject of a reduction lawsuit (tenkis davası).

For this reason, when preparing a will, the legal position of the heirs and the total value of the assets should be assessed together.

Opening and Carrying Out a Will

A will does not start to be carried out directly upon the person’s death. It is opened by the competent court under the procedure laid down by law and notified to the persons concerned.

The content of the will, its validity requirements and the rights of the heirs are assessed during this process.

Disputes arising while the will is being carried out may be the subject of separate legal proceedings.

Is It Possible to Annul a Will?

In some cases, the validity of wills may be disputed. Claims for annulment may arise if the requirements laid down by law were not met when the will was prepared, if the person’s will was vitiated, or if there are unlawful circumstances.

When the annulment of a will is assessed, the process of preparing the document, the person’s intention and the legal requirements are examined in detail.

Mistakes Made When Preparing a Will

In practice, many wills run into problems because of legal deficiencies, even though they express the person’s true wishes.

Using vague wording, ignoring the heirs’ rights, failing to comply with formal requirements or making arrangements that do not match the existing assets may lead to disputes later on.

For this reason, a will should be seen not just as a written document but as serious estate planning with legal consequences.

The Importance of Estate Planning with a Will

Estate planning is important legal work aimed at ensuring that a person’s assets are dealt with in the future in line with their own wishes.

Especially in the case of family companies, assets consisting mainly of real estate or situations where there is more than one heir, correct planning in advance can prevent disagreements that may arise later.

Legal Assessment in the Will Process

A will is an important legal tool that allows the economic and personal values a person has built up during their lifetime to be passed on to the future.

However, not every will has the same result. It needs to be prepared by assessing the person’s asset structure, family relationships, the position of the heirs and the legal limits together.

A will prepared in accordance with the law helps protect the person’s last wishes and allows the inheritance process to proceed more smoothly.

Wills