Under Turkish Civil Law, there are two types of property transfers that take effect upon the death of the testator (the individual making the disposition):

1. Agreements of Inheritance
2. Wills

Each of these legal instruments governs how an individual’s estate is distributed after their passing.

1. Agreements of Inheritance

According to Article 545 of the Turkish Civil Code (CC), an agreement of inheritance is a bilateral contract between the testator and the designated heir(s). Unlike a will, which is a unilateral declaration, an agreement of inheritance is a binding contract that requires the consent of both parties and cannot be freely revoked by the testator alone.

2. Wills and Their Legal Forms

Under Article 502 of the Turkish Civil Code, a will is a legal document that outlines the distribution of a person’s estate upon their death.

Turkish law recognizes three types of wills:

A. Official Will

• Prepared by a notary, peace court judge, or other authorized official.
• The testator provides instructions, and the official drafts the will accordingly.
• This is the most secure and legally recognized form of will.

B. Holographic Will (Handwritten Will)

• Must be entirely handwritten by the testator.
• The testator must be at least 15 years old and mentally competent.
• This will must clearly express the testator’s final intentions.

C. Oral Will (“Soldier’s Will”)

• Only permitted under exceptional circumstances where writing a will is impossible, such as:
  • War
  • Serious danger
  • Life-threatening epidemics
• The testator verbally declares their last wishes to witnesses who later document them legally.

Reserved Portion and Legal Limitations on Inheritance

Under Turkish law, a testator cannot freely dispose of their entire estate. The reserved portion principle ensures that certain close relatives, known as privileged heirs, receive a minimum guaranteed share of the inheritance.

Who Qualifies as Privileged Heirs?

Privileged heirs include:

• Children (descendants)
• Parents (ascendants)
• Siblings
• Surviving spouses

Reserved Portion Shares Under Turkish Law

The reserved portion cannot be taken away, even through a will or inheritance agreement. The remaining non-reserved portion can be freely disposed of by the testator.

Conclusion

Turkish inheritance law provides a structured approach to estate distribution, ensuring both testamentary freedom and protection for close family members. While wills allow individuals to dictate their wishes, the reserved portion principle guarantees a fair share for legal heirs.

For legal assistance in drafting a will or inheritance agreement, consulting a Turkish inheritance lawyer is recommended to ensure compliance with Turkish Civil Law.