El Yazılı Vasiyetname – İzmir Avukat
A will is a type of testamentary disposition in which a person declares, either orally or in writing, how their assets will be liquidated and how their inheritance will be distributed after their death. Only a will drawn up in accordance with the law and procedure will produce the effects intended by the testator. Furthermore, it is possible for a person to designate a child, establish a foundation, or make a donation to an existing foundation through a will.
Will written in handwriting Turkish Civil Code It is regulated in Article 538. It is a type of will that can be drawn up by the testator, entirely in their own handwriting, unilaterally, and effective only upon death, concerning the distribution of the inheritance, excluding reserved shares.
A will can be made in three ways: official, handwritten, or oral. A handwritten will, being the easiest and least expensive type, is preferred. A handwritten will can be drawn up by the testator alone, without the need for any official to be present. The testator must comply with the following conditions when making a will:
Terms and conditions:
1. The entire will must be handwritten from beginning to end.
No machine can write a handwritten will. The purpose here is for the person's handwriting to be distinctive so that it can be determined whether the will was actually prepared by that person and whether the dispositions were made by that person.
2. The testator must write the date in the will in their own handwriting, indicating the year, month, and day.
This allows us to determine whether the testator possessed the capacity to understand and reason at the time the will was made, which is a requirement for its validity. Furthermore, in cases where there are multiple wills, it helps determine which will was made first, which was made later, and which is valid.
3. The testator must sign the will in their own handwriting.
Signatures cannot be rendered using seals, any instruments, fingerprints, or similar means. In such wills, the signature is a formal requirement, and the use of seals or similar tools does not invalidate the signature requirement. Additions made by third parties are not binding, and the testator's arrangements remain valid. The signature must be placed at the very end of the will, below the last line.
4. A handwritten will can be deposited with a notary, a magistrate, or an authorized official.
This is not mandatory and does not affect the validity of the will. The testator may also keep their will themselves.
A will that fulfills all these conditions will take effect after the testator's death. That is, those to whom the testator bequeaths property cannot make any claims on that property while the testator is alive. The testator can also, at any time during their lifetime, revoke a previous will and withdraw their bequests. Those who were initially bequeathed property cannot interfere with the testator's decision to revoke the previous will through a new one.
Although a handwritten will is the easiest type of will among the three, the requirements for drafting a handwritten will under the Turkish Civil Code are not as simple as they seem, and even the slightest error in fulfilling a condition can result in the will being invalidated. Wills are subject to very strict formal requirements. Therefore, although we provide detailed information on the law and its application in this article, we strongly advise you to seek professional legal assistance through an inheritance lawyer.
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