Wills - UK and Turkish Cash Assets

Contentious Trusts & Estates
1

Hi all,

I recently took instructions from clients who reside in Turkey, however hold British passports. They do not own a property in the UK, and only have cash assets. In Turkey, they have cash assets, and rent a property. They come back to the UK regularly to see their family.

A Will has been drafted in the UK to cover their UK Cash assets. The clients are now seeking advice as to the forced heirship rules of Turkey. These rules state that the Estate passes to the first born son. My client does not have contact with his first born son, and has not for over 30 years. He instead wishes to leave his Estate to his third born child.

Am I correct in thinking that the UK Will shall not cover the Turkish assets, and these will be subject to the laws of succession in Turkey?

I have of course advised that they seek advice from a Solicitor in Turkey for clarification of matters.

Many thanks.

2

Hi Kate,

I don´t know if Turkey is signatory member of the Hague 11 Convenction. If so, probably the Will must be considered validity but once the will go against a rules of forced heirship, and those rules tends to be rules of public order, the document probably will no be executed in Turkey. Also, the assets in the UK must follow the rules of the habitual residence of the deceased, so the Turkish family has a window to a dispute in the UK, regard about the correct deivision of those assets accorunding to the rules of Turkey.