Last updated: 19 July 2026
What Forms of Will Are Recognised in Türkiye?
The Turkish Civil Code recognises three main forms of will: an official will, a handwritten will and, in extraordinary circumstances, an oral will. Each form has strict requirements. A document that clearly expresses a person’s wishes may still be invalid as a will if the statutory form has not been followed.
People consulting an Antalya lawyer or a Serik lawyer should consider capacity, reserved portions, asset identification, foreign property and safe custody before choosing a form. A will should be reviewed whenever family, assets or residence changes significantly.
Who Has Capacity to Make a Will?
A person must have discernment and must be at least fifteen years old to make a will. Capacity is assessed at the date and time of the testamentary act. A later diagnosis does not automatically invalidate an earlier will, and old age alone does not prove lack of discernment.
Where capacity may later be challenged, contemporaneous medical information and the circumstances of execution can be important. A person should not be pressured, isolated or influenced by beneficiaries.
Official Will
An official will is prepared before an authorised official with the participation of two witnesses. The authorised official may be a civil court of peace judge, a notary or another official granted authority by law. The testator communicates the wishes, the document is prepared, read and signed under the statutory procedure, and the witnesses make the required declarations.
Witnesses and the official must satisfy the legal eligibility rules. Certain relatives, beneficiaries and persons involved in preparing the act cannot serve in roles that create a prohibited conflict. The official form is often preferred where the estate is complex, literacy is limited or future authenticity disputes are foreseeable.
Handwritten Will
A handwritten will must be written entirely in the testator’s own handwriting from beginning to end, must show the year, month and day and must be signed. A typed text with only a handwritten signature is not a valid handwritten will. Printed forms completed by hand may also fail the requirement that the entire text be handwritten.
The document should identify the testator, beneficiaries, assets and wishes clearly. Corrections should remain understandable and be signed where appropriate. The original may be deposited with a civil court of peace, notary or authorised official for safekeeping.
Oral Will in Extraordinary Circumstances
An oral will is available only where extraordinary circumstances prevent the testator from making an official or handwritten will. Examples in the Code include imminent risk of death, interruption of transportation, illness, war or similar circumstances. The testator communicates final wishes to two witnesses and asks them to record or communicate those wishes through the statutory procedure.
This form is exceptional and temporary. If the testator later becomes able to make another form of will, the oral will loses effect after the statutory period. It should never be used merely for convenience.
Comparison of Will Forms
| Form | Main requirements | Main risk |
|---|---|---|
| Official will | Authorised official, statutory procedure and two eligible witnesses | Ineligible witness, capacity issue or failure to follow formal steps |
| Handwritten will | Entirely handwritten, dated and signed by the testator | Typed text, missing date, unclear amendments or lost original |
| Oral will | Extraordinary impossibility and two witnesses following the Code | No genuine emergency or failure to record and submit promptly |
What Can Be Included in a Will?
A testator may appoint one or more heirs, leave a specific asset or sum to a legatee, create conditions within legal limits, appoint an executor and make directions concerning estate administration. Assets should be described accurately, especially immovable property, company interests and bank accounts.
The testator cannot validly dispose of another person’s property. If an asset is sold before death, a specific legacy may fail or require legal interpretation. Debts and third-party rights continue to affect estate assets.
Reserved Portions and Reduction Claims
Freedom of testamentary disposition is limited by the reserved portions of protected heirs under Turkish inheritance law. A will or lifetime transfer that exceeds the disposable portion may be subject to a reduction action after death.
The family structure, matrimonial-property liquidation, prior gifts and the estate’s net value should be assessed before promising that one beneficiary will receive a particular percentage.
Appointment of an Executor
The testator may appoint an executor to manage the estate, pay debts, carry out dispositions and distribute assets according to the will and law. The executor’s identity, substitute appointment and authority should be stated clearly. The person may accept or refuse the role after death.
Safekeeping and Registration
An official will is retained and notified through official systems. A handwritten will may be left with a trusted person but can be lost, hidden or destroyed. Depositing it with an authorised authority improves the chance that it will be delivered to the civil court of peace after death.
A person holding a will after the testator’s death must submit it to the competent civil court of peace without delay, regardless of doubts about validity.
Opening of the Will
After death, the civil court of peace opens the will and notifies interested persons under the statutory procedure. The opening records the document and informs potential heirs and beneficiaries. It does not finally determine that the will is valid or that every disposition can be performed.
Interested persons may use the relevant e-Government service to view a case concerning the opening of a will where they are recorded as a party.
Revocation and Amendment
A testator may revoke a will by making a later testamentary disposition, destroying the document with intent to revoke or using another method recognised by law. A later will should clearly state whether it revokes all earlier wills or only inconsistent provisions.
Writing informal notes on the original or making unclear changes may create interpretation disputes. A new complete will is often safer than multiple handwritten amendments.
International Wills and Foreign Assets
Where the testator has more than one nationality, resides abroad or owns assets in several countries, applicable law and formal-validity conventions should be considered. A Turkish will may not be sufficient to administer every foreign asset, and a foreign will may require probate, recognition, legalisation or translation in Türkiye.
Frequently Asked Questions
Can a typed document signed by the testator be a handwritten will?
No. A handwritten will must be written entirely in the testator’s handwriting, dated and signed.
Is a notary required for every will?
No. An official will may be made through an authorised official, while a properly prepared handwritten will does not require notarial execution.
Can a person aged fifteen make a will?
Yes, if the person has discernment. The minimum age for a will is fifteen.
Can a beneficiary act as a witness to an official will?
Witness eligibility and conflict rules must be observed. Beneficiaries and certain relatives should not be used where the Code prohibits participation.
Does opening the will mean it has been declared valid?
No. Opening and notification do not prevent later challenges concerning capacity, form, undue influence or reserved portions.
Can a will be changed later?
Yes. The testator may revoke or replace it while retaining capacity, using a legally valid method.
What happens if the original handwritten will is lost?
Proof becomes difficult and depends on the circumstances of loss, copies and evidence. Safe official custody reduces this risk.
Can a will cover property abroad?
It may express the testator’s wishes, but foreign conflict-of-laws, probate and property rules must be examined separately.
Choosing a Form That Protects the Testator’s Real Intention
A will should satisfy strict form requirements while accounting for capacity, reserved portions and international assets. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can review the appropriate form and draft clear testamentary provisions for the individual estate plan. For assistance, contact us.
This article provides general information about wills under Turkish law. Testamentary capacity, formal validity, reserved portions and foreign assets require individual legal assessment.
