How to Draft a Will in Turkey — Official, Holographic and Oral Wills

A will is a testamentary disposition that takes effect after the testator's death and is subject to strict formal requirements set out by law.

Capacity to Make a Will

Under Article 502 of Turkish Civil Code No. 4721, making a will requires having reached the age of fifteen and possessing legal capacity to act with discernment. The absence of either condition results in the will's annulment.

Official Wills

Under Article 532 et seq. of the Turkish Civil Code, an official will is executed before a notary, a magistrate, or an official authorised by law, with the participation of two witnesses. The official records the testator's oral statement in writing, reads it back to the testator, and it is then signed by both the testator and the witnesses. Although subject to the strictest formal requirements set by law, this type of will carries the highest evidentiary weight.

Holographic Wills

A holographic will must be written entirely in the testator's own handwriting, dated with the day, month, and year, and signed; a document typed or produced on a computer is invalid. Once drawn up, it is recommended to deliver it, in an open or sealed envelope, to a magistrate, a notary, or an authorised official for safekeeping.

Oral Wills

Under Article 539 of the Turkish Civil Code, an oral will is an exceptional type available only in extraordinary circumstances that prevent making a will in the ordinary forms — such as imminent danger of death, cut-off transport, illness, or war. The testator communicates their final wishes orally to two witnesses, who then either record it in writing or make a direct declaration before the court.

Annulment of a Will

Where the formal requirements are not met, the testator lacked capacity, the content is contrary to law or morality, or there was a defect in will (mistake, fraud, duress), interested parties may file an action to annul the will; this action must be filed within one year of learning of the will, and in any event within ten years of the date it was opened.

Practical Recommendations

Ensuring your will fully complies with the formal requirements, and, where possible, is executed as an official will — the type carrying the highest evidentiary weight — helps prevent future annulment actions.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.