Turkish property in inheritance - Keep it in mind
- Written by Portal Editor
About 14 days ago we had a rather serious conversation with a long-time friend who has been married to a Turkish woman for over 20 years and lives in a house near Izmir.
In the course of the conversation, the topic of inheritance also came up, as there are two children from the first marriage living in Germany, with whom the current wife also has good relations. There are no other children. Various inquiries now made it clear that no assistance was to be expected from the German side in the event of an inheritance. He is now aiming to acquire Turkish citizenship in order to be able to draw up a legally correct will for himself and his wife. Please read the following article about this:
With regard to the immovable estate located in Turkey, the German probate court cannot order any measures (such as a guardianship) due to a lack of international jurisdiction.
The relevant inheritance statute is based on the consular contract between the Turkish Republic and the German Reich of May 28, 1929. According to No. 14, paragraph 2 of the appendix to Article 20 of the consular contract, the inheritance relationships with regard to the immovable estate are determined by the laws of the country in which this estate is located, in the same way as if the testator is currently had been a national of that country at the time of his death. According to No. 12, paragraph 1, with regard to the immovable estate, only the competent authorities of the state in whose territory this estate is located are entitled and obliged to carry out all activities in accordance with the laws of the country and in the same way as in the case of estates of relatives of their own state. In this respect, the Turkish authorities and courts have exclusive jurisdiction for all measures relating to the immovable estate located in Turkey, and there is a lack of international jurisdiction for German trial and estate courts.
Karlsruhe Higher Regional Court, decision of June 17, 2013
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