A will is the primary instrument for directing what happens to your assets after death. Under the Turkish Civil Code, strict formal requirements apply and vary by type. A single deficiency — a missing date, a typed sentence, an ineligible witness — can invalidate the entire document regardless of the testator’s clear intentions.
Basic Eligibility
Two requirements apply to every will type:
- Mental capacity: the testator must understand the nature and consequences of making a will at the time it is made
- Minimum age of 15: Turkish law sets the testamentary capacity threshold at 15, not at the age of majority
Types of Will
Handwritten Will (El Yazılı Vasiyetname)
The most accessible form — but also the most frequently invalidated for technical defects.
All three requirements must be present simultaneously:
- The entire text must be in the testator’s own handwriting — typed, printed, or dictated text is not acceptable even if signed
- The date must state the year, month, and day in full
- The document must be personally signed by the testator
A missing date, incomplete date, or signature by another person are the most common grounds for invalidity.
Notarised Will (Resmi Vasiyetname)
The most legally secure option. The procedure:
- The testator communicates their wishes to the notary orally or in writing
- The notary drafts the will
- The testator reads or has the text read to them and confirms it
- Two witnesses confirm the testator’s capacity and the voluntary nature of the declaration
- The testator and witnesses sign
Who cannot be a witness: heirs named in the will, their spouses, and their lineal relatives are ineligible. Any breach of this rule voids the will.
Oral Will (Sözlü Vasiyetname)
A last resort for genuine emergencies — serious illness, accident, armed conflict — where making a written will is genuinely impossible.
- The testator declares their wishes orally before two witnesses
- The witnesses must put the declaration in writing, sign it with the date, and present it to a court or notary as promptly as possible
- The oral will lapses automatically one month after the emergency ends; a written will must be made within that month
Storage and Opening
Wills can be deposited with a notary or court for safekeeping. Handwritten wills held in personal papers risk not being found. Notarial deposit provides greater certainty.
On the testator’s death, the civil court opens and registers the will. Heirs then have specific time limits within which to bring an action for annulment if they wish to contest it.
Frequently Asked Questions
Do I need to go to a notary to make a valid will? No. A handwritten will requires no official involvement — provided the entire text is in your own handwriting, contains the full date, and is signed by you. However, a notarised will offers stronger proof of authenticity and is the safer choice.
I typed my will and signed it. Is it valid? No. A handwritten will must be written entirely by hand. A typed or printed document, however clearly signed, does not meet this requirement. You must rewrite it by hand or visit a notary.
Can I disinherit a forced heir through my will? Only to the extent that goes beyond their reserved portion. Descendants, parents, and the surviving spouse hold a statutory reserved share that no will can eliminate. Any provision encroaching on it is subject to reduction (tenkis) by court action.
I cannot sign due to illness. Can I still make a will? Yes. In a notarised will, a testator who cannot sign may use a seal or fingerprint, recorded in the notarial deed. The oral will may also be available. Specific advice should be sought given the circumstances.