Inheritance are tightly related to citizenship. Some Turkish people wish to become the citizens of a country abroad after living there for a long time. These citizens may arrive to and depart from Turkey within short periods. Thus, these people cannot adequately follow the legal issues that interest them. In this case, some disadvantageous situations such as loss of rights may occur.
Turkish citizens abroad generally face difficulties in accessing the detailed certificate requests and address determination regarding heritance cases. In order to determine the remaining properties from the deceased, there should be an legacy. Determination of the properties and a variety of other transactions are important to prevent the loss of rights through the help of a lawyer.
Determining Inheritance of Turkish People Living Abroad
It is very common that some Turkish people living in Germany change their citizenship in time. That’s why, there is sometimes problems with the determination of the inheritance and other transactions. This is because the heirs are not included in the registers of Turkey. Therefore, it is necessary to determine the estate, prove it with official and approved documents.
Inability to keep track of whether there is an inherited property on behalf of the individuals is a crucial legal loss. In the case that some of the inheritor’s heirs are living abroad, individuals can’t follow the legal procedures. Thus, there may be problems with issues such as determining the inheritance and the transition of the estate.
What Problems May Occur?
In some cases, there are significant problems in the allocation of real estate or problems. One of these problems is the failure to realize the transaction of the legacy. Likewise, if the heirs are abroad, the notification periods may extend and the transactions may not be concluded for a long time.
A Consular Agreement between Germany and Turkey was made in 1929 and is still valid. This agreement states which country’s law will have jurisdiction over the legacy cases. Besides, it also suggests the countries to be lawfully responsible for these type of cases.
When the person leaving the inheritance is a Turkish citizen, Turkish courts can determine the inheritance. Besides, Turkish courts can investigate all the properties under this condition. The result of the research can reveal all the properties. It is a great opportunity for the heirs.
Detection and Litigation of Movable Property
Per the agreement, the authorized courts for all kinds of cases related to inheritance, are the courts of the country of the property owner. These cases are the assignment of heirs, wills, and reserved shares of movable property of the country. Movable property examples are bank accounts, money, car etc. To determine the case regarding the movable property in the Turkish courts, the deceased person must be a Turkish citizen.
Detection and Litigation of Immovable Property
The authorized courts, for all kinds of cases and other claims related to the inheritance, are the courts where the immovable property is located. These cases and claims are assignment of heirs, wills, and reserved shares. Examples of immovable property are houses, land plots etc. If the immovable property is located in Turkey, the courts of Turkey are responsible for the law cases related to real estate.
The Determination of Heirship and the Inheritance Case
A certificate of inheritance is also called a determination of inheritance. This document officially indicates the heirs by a notary or court decision. A Turkish citizen living abroad can issue a certificate of inheritance through the competent Turkish courts in Turkey. It is enough for the heir to apply to any civil court in Turkey to do this.
