Will in Turkey (Vasiyetname): Types, Requirements, Notary Procedure & Recognition in Germany

Learn how to make a valid Turkish will (vasiyetname), which form to choose, what documents you need at the notary, how the mental-capacity report works, and how to ensure recognition in Germany (incl. Apostille & German Central Will Register).

Who can make a will in Turkey? (Legal basis)

Under the Turkish Civil Code (Türk Medeni Kanunu, TMK), a will (vasiyetname) can be made by any person who has reached the age of 15 and possesses testamentary capacity. A person can validly dispose of their estate in Turkey, including assets located abroad, if they meet these conditions.

The three types of wills under Turkish law

1) Holographic (handwritten) will

The entire text must be written by hand, signed and dated by the testator.
In practice, the validity and authenticity of purely handwritten wills are often disputed; they are therefore disproportionately subject to challenges and nullity actions.

2) Notarial will (most secure in practice)

Executed before a notary and in the presence of two witnesses.
A medical report confirming mental capacity is customary and strongly recommended (see the notary process below).
This form is the most reliable and widely used in practice.

3) Oral will (extremely rare)

Only in exceptional emergency situations and before three witnesses is it permissible.
In modern practice, proving validity is very difficult; this form is therefore hardly advisable.

Why is a notarial will usually recommended?

A notarial will minimizes the risk of later challenges (e.g., disputes over handwriting, mental capacity, or formal defects). It is also automatically recorded in the Turkish civil registry (Nüfus) and is opened ex officio after the death has been entered in the register — independent of third parties. This makes enforcement significantly simpler and safer.

Step-by-step: Notary procedure (including mental-capacity report)

Before the appointment, think through your last wishes and if possible prepare a draft to discuss with the notary

Mental-capacity report

This report is required in practice for individuals of all ages, such as those who are 20, 40, or 80 years old.
For Turkish citizens living abroad, it is advisable to set up an e-Devlet password in advance and complete the medical questionnaire (Kişisel sağlık bilgi formu).
State hospitals typically conduct a psychological test followed by a neurological examination.
The report verifies the testator’s sound mental state and their conscious actions.

Important: the report is valid only on the date of issue and the will must be notarized on the same day

Documents to bring to the notary

Turkish ID (T.C. kimlik) or Blue Card (Mavi Kart).
Four biometric photos.
Two witnesses (not related in a way that disqualifies them).

Execution & registration

The notary notarizes the will (düzenleme şeklinde).

The will is recorded in the register; the testator receives an official copy.

Opening of the will after death

Notarial wills are noted in the civil registry and are opened automatically once death is registered. This is a key advantage over purely handwritten documents.

Important: If the death occurs abroad, it should be reported to the competent Turkish consulate along with the foreign or international (multilingual) death certificate so that the entry and opening can proceed smoothly.

Assets in Germany: Recognition & Apostille

A Turkish will can also cover foreign assets (e.g., in Germany). To ensure smooth use in Germany:

Request an additional notarial copy of the Turkish will.
Obtain an apostille from the competent Turkish district authority (Kaymakamlık).
File the will with the German Central Register of Wills (Zentrales Testamentsregister, ZTR) via a German notary.

These steps improve recognizability and acceptance in Germany.

Checklist (quick overview)

Minimum age 15 + testamentary capacity.
Choose the form: holographic, notarial (recommended), oral (emergencies only).
Notarial flow: draft → mental-capacity report (same day) → notarization with 2 witnesses.
Bring: ID/Blue Card, 4 photos, 2 witnesses; e-Devlet prep is helpful for expats.
For assets in Germany: extra copy + Apostille + registration in Germany.

Frequently asked questions

Is a mental-capacity report really mandatory?

In practice, notaries require it for testamentary notarizations regardless of age. It documents capacity and significantly reduces the risk of later challenges.

Can I change my will later?

Yes. You can revoke it or make a new will at any time. The most recent validity will prevail.

In which language is the will drafted?

At the Turkish notary, the will is executed in Turkish. For use in Germany, a certified translation is helpful, but legal effectiveness is ensured through the Apostille and (where applicable) registration in the German Central Will Register.

Should I register my Turkish will with Germany’s Central Register of Wills (ZTR)?

You can improve discoverability by depositing a notarial copy with a German notary, who can create a ZTR entry (registrations are made electronically by notaries/courts). The ZTR records wills/inheritance contracts held in official custody and triggers notifications after death.

If I (or my testator) am a German citizen, does Turkish “forced heirship” (reserved shares) still apply to property in Turkey?

Yes. Turkish inheritance law applies to property in Turkey, including its forced heirship rules. Even if you choose German law in your will, Turkish courts still enforce reserved shares for real estate in Turkey.

Disclaimer: This guide provides general information and is not a substitute for legal advice. For tailored advice, consult a qualified attorney.

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