In private international law, inheritance matters address the complexities that arise when a decedent's estate involves multiple jurisdictions. Such scenarios occur when the deceased resided in a different country, held assets abroad, or had heirs of various nationalities. In Turkey, these issues are governed by the International Private and Procedural Law No. 5718 (IPPL).
Determining the Applicable Law in Inheritance Matters
According to Article 20 of the IPPL, the law applicable to inheritance is determined as follows:
Movable Property: The inheritance of movable assets is governed by the national law of the deceased at the time of death.
Immovable Property: The inheritance of immovable assets is subject to the law of the country where the property is located.
Inheritance Certificate and Recognition and Enforcement Process
For an inheritance certificate issued in a foreign country to be valid in Turkey, it must undergo a recognition or enforcement process. This involves applying to Turkish courts to have the foreign judgment recognized or enforced, ensuring it complies with Turkish public policy and procedural standards.
Frequently Asked Questions
1. Is a will prepared in a foreign country valid in Turkey?
Yes, a will duly executed in a foreign country can be valid in Turkey. However, for it to have legal effect, it may need to be recognized or enforced by Turkish courts.
2. Which law applies if the deceased had multiple nationalities?
If the deceased had multiple nationalities, and one of them was Turkish, Turkish law applies. If none of the nationalities is Turkish, the law of the country with which the deceased had the closest connection applies.
3. How is the inheritance of foreign immovable property handled?
The inheritance of immovable property located abroad is governed by the law of the country where the property is situated. Therefore, the relevant country's inheritance laws must be consulted.
Conclusion
Inheritance matters in private international law involve navigating multiple legal systems and can be complex. Engaging with legal professionals experienced in international inheritance law is advisable to ensure a smooth process.