The most powerful way to determine who will inherit the assets you have worked for throughout your life, and how, is a will. However, a will is a delicate document: it can easily be annulled if the formal requirements set by law are not followed, and it is subject to reduction if the limits of the reserved share are exceeded. A will written in good faith but lacking a required formality can be the beginning of family disputes that last for years. In this guide, we cover in detail, as of 2026, the types of wills, validity requirements, reserved shares, the process of opening a will, and annulment and reduction lawsuits.
Quick summary: Under the Turkish Civil Code, a will can be made in official, handwritten or oral form. The testator must have the capacity to discern and be at least 15 years old. If there are heirs entitled to a reserved share, the testator may freely dispose only of the disposable portion by will. A will that does not comply with the required form can be rendered ineffective through an annulment lawsuit, and a will that infringes on the reserved share can be rendered ineffective through a reduction lawsuit.
What Is a Will?
A will is a unilateral disposition of a person's assets, made to take effect after their death. Legally known as a "disposition upon death," a will does not restrict any of the testator's rights during their lifetime: they can sell or gift the property that is the subject of the will, or change the will whenever they wish. A will becomes enforceable only upon the testator's death and its opening by the court.
A will does not merely appoint heirs. Leaving a specific asset to a specific person (a specific bequest), establishing a foundation, setting rules for the division of the estate among heirs, appointing an executor, and even disinheriting heirs in cases permitted by law can all be done by will.
Requirements for Making a Will
Under the Turkish Civil Code, in order to make a disposition upon death, a person must have the capacity to discern and have reached the age of 15. Reaching the age of majority is not required; a young person who has turned 15 can also make a will. Persons under guardianship (restricted persons) can also make a will as long as they have the capacity to discern; the guardian's consent is not required for this.
The capacity to discern is assessed as of the moment the will is made. If a will is being made in cases such as advanced age, serious illness or dementia, obtaining a health report dated close to the date of drafting (preferably from a fully equipped hospital, stating that the person "is competent to make a will") is the strongest protection against claims of incapacity that may be raised in the future.
Types of Wills
1. Official Will
An official will is drawn up by an official (in practice mostly a notary, and also a justice of the peace judge) with the participation of two witnesses. The testator communicates their wishes to the official; the official writes the will or has it written and hands it to the testator to read. The testator reads and signs it; then the testator and the official declare, in the presence of the two witnesses, that the document contains the testator's final wishes, and the witnesses confirm this with their signatures.
The persons who cannot act as witnesses are listed in the law: those lacking legal capacity, those who cannot read and write, the testator's spouse, descendants, ascendants and siblings, and their spouses cannot be witnesses. In addition, no benefit can be granted by the will to the witnesses who take part in it, to the official, or to their relatives. An official will is the safest type against claims of formal defects and forgery, and since the original is kept at the notary, there is no risk of loss.
2. Handwritten Will
A handwritten will is written entirely in the testator's own handwriting, states the year, month and day on which it was written, and is signed by the testator. If any one of these three requirements is missing, the will does not comply with the required form. A text typed on a computer or typewriter and merely signed is not considered a handwritten will; having part of the text written by someone else also causes problems.
A handwritten will can be kept at home; however, to guard against the risk of loss, destruction or not being found, it is recommended to leave it, either open or sealed, with a notary, a justice of the peace judge, or a trusted person. The most common disputes in practice concern whether the handwriting belongs to the testator and missing dates; for this reason, the date must be clearly written as day, month and year.
3. Oral Will
An oral will is an exceptional route: if an official or handwritten will cannot be made because of extraordinary circumstances such as imminent danger of death, interruption of transportation, an epidemic or war, the testator tells their final wishes to two witnesses. The witnesses write down this statement, specifying the place, day, month and year, sign it, and promptly submit it to the justice of the peace or court of first instance judge. If the testator later gains the opportunity to use the other forms of will, the oral will becomes void once one month has passed from that date.
Reserved Share: The Limit That Cannot Be Exceeded by a Will
The testator cannot distribute their assets as they wish. The law grants certain relatives a reserved share, and this share cannot be removed by a will. Under the Turkish Civil Code, the reserved share ratios are as follows:
- Descendants (children, grandchildren): half of their statutory inheritance share,
- Mother and father: one quarter of the statutory inheritance share for each,
- Surviving spouse: the entire statutory inheritance share when inheriting together with descendants or parents, and three quarters in other cases.
The reserved share of siblings was abolished in 2007; therefore, siblings can be completely excluded from the inheritance by will. The portion remaining outside the reserved shares is called the disposable portion; the testator can freely dispose of this portion in favor of any person or institution they wish. To see the statutory and reserved shares in your own situation, you can use our inheritance share calculator.
The Process of Opening a Will
After the testator's death, the will must be delivered without delay to the civil court of peace by whoever holds it. Wills kept at a notary are sent to the court by the notary. The court opens the will and reads it or serves it to the interested parties. A copy of the will is sent to the interested parties who have been left something or who have been disinherited.
If the statutory heirs or the beneficiaries of a previous will do not object within one month to the heirs appointed by the will, a certificate of inheritance is issued. This objection does not establish the invalidity of the will; it only prevents the issuance of the certificate of inheritance. The invalidity of a will can only be asserted through an annulment lawsuit.
Lawsuit for the Annulment of a Will
The law lists the grounds for annulling a will on a limited basis:
- The will was made at a time when the testator was incapacitated (lacking the capacity to discern),
- The will was made as a result of error, deceit, threat or coercion,
- Its content, or the conditions or obligations attached to it, are contrary to law or morality,
- The will was made without complying with the form required by law.
An annulment lawsuit can be filed by the heirs and by persons who would benefit if the will were invalid. The lawsuit must be filed within one year from the date the plaintiff learned of the disposition, the ground for annulment and that they are the rightful party, and in any case within ten years against good-faith defendants and twenty years against those not acting in good faith, starting from the date the will was opened. These periods are forfeiture periods; if missed, the right to sue expires. The competent court is the civil court of first instance, and the court with territorial jurisdiction is the court of the deceased's last place of residence.
Reduction Lawsuit: Protecting the Reserved Share
Even if a will is valid in terms of form, if it infringes on the share of an heir entitled to a reserved share, that heir can file a reduction lawsuit and request that the disposition be reduced to the extent necessary to satisfy their reserved share. A reduction lawsuit does not eliminate the will entirely; it only renders ineffective the portion exceeding the reserved share.
A reduction lawsuit must be filed within one year from the date it was learned that the reserved share was infringed, and in any case, for wills, within ten years from the opening of the will. In practice, annulment and reduction claims are often asserted together in the same lawsuit, with annulment as the main claim and reduction as the alternative (subsidiary) claim.
Common Mistakes When Making a Will
- Not writing the date or writing it incompletely: In a handwritten will, the day, month and year must all be written.
- Typing the text on a computer and signing it: This document is not considered a handwritten will.
- Failing to take reserved shares into account: A bequest exceeding the disposable portion becomes the subject of a reduction lawsuit.
- Using vague expressions: Statements such as "Let my house go to my son" cause disputes if there is more than one house; title deed details must be clearly written.
- Keeping the will hidden without telling anyone: A will that cannot be found has the same result as if it had never been made.
- Not documenting your health condition: For wills made at an advanced age, a capacity report reduces the risk of annulment.
Frequently Asked Questions
Is a handwritten will valid?
Yes. A will written entirely in the testator's own handwriting, stating the day, month and year it was written, and signed, is valid. A text typed on a computer and only signed is not considered a handwritten will.
Can I leave all my property to whomever I want by will?
Not if you have heirs entitled to a reserved share (descendants, parents or spouse). By will, you can freely dispose only of the disposable portion; heirs can file a reduction lawsuit against a will that infringes on the reserved share.
Does a will have to be made at a notary?
It is not mandatory; a handwritten will is also valid. However, an official will is the safest route in practice because it significantly reduces the risk of formal defects and forgery objections.
Within what period can a lawsuit for the annulment of a will be filed?
It must be filed within one year from the date the plaintiff learned of the disposition, the ground for annulment and that they are the rightful party; and in any case within ten years from the opening of the will against good-faith defendants and twenty years against those not acting in good faith.
Can I change my will after making it?
Yes. As long as the testator is alive, a will can be changed or revoked at any time, by a new will made in one of the forms prescribed by law or by destroying the document.
Conclusion
A will is the most effective tool for determining the future of your assets; however, its effect depends entirely on compliance with the formal requirements and respect for the limits of the reserved share. Choosing an official will, documenting your health condition, and keeping the will in a safe place largely prevent disputes that could arise among your heirs after your death. You can find the general rules on the division of an inheritance in our inheritance division guide, and what those who do not want the inheritance can do in our article on renunciation of inheritance.
Looking for support in drafting a will or annulling a will? Avrasya Law Office serves clients in the field of inheritance law in Bakırköy. To have your situation assessed, request a preliminary consultation or review our inheritance law page.
This article has been prepared for general informational purposes and does not constitute legal advice. Since legislation and case law may change, we recommend consulting a lawyer for your specific situation.
