Nachlassspaltung Turkey Germany: How Inheritance Gets Split Across Two Legal Systems

Two Countries, Two Inheritance Laws, One Estate

When a German citizen dies owning assets in both Germany and Turkey, the estate doesn't follow a single set of rules. It splits. Bank accounts and personal property fall under German law. Real estate in Turkey falls under Turkish law. This principle — Nachlassspaltung (estate splitting) — is governed by the 1929 German-Turkish Consular Treaty and its attached Inheritance Agreement, and it overrides what most German families expect their wills to accomplish.

The EU Succession Regulation (No. 650/2012), which simplified cross-border inheritance within the EU, does not apply here. Turkey is not an EU member state. The 1929 treaty controls.

How the Split Works

Movable assets in Turkey — bank accounts, cash, stocks, vehicles, personal belongings — are governed by the national law of the deceased. If the deceased was a German citizen, German inheritance law applies to these assets, regardless of where they're physically located.

Immovable assets in Turkey — real estate, land, registered property rights — are governed exclusively by Turkish law (lex rei sitae, the law of the place where the property sits). A German will, a German court order, or a German certificate of inheritance (Erbschein) has no direct force over Turkish real estate.

This means a single estate can produce two contradictory inheritance outcomes. A German spouse might inherit all bank accounts under German law while simultaneously receiving only 25% of the Turkish apartment under Turkish intestacy rules.

Why the Berliner Testament Fails in Turkey

The Berliner Testament is the most common estate planning tool in Germany — a joint will where spouses appoint each other as sole heirs, with children inheriting only after the second spouse dies. Under German law (§ 2265 BGB), it's straightforward and enforceable.

Turkish law does not recognize joint testaments. A Turkish court views the Berliner Testament as two unilateral, mutually dependent documents that violate Turkish public order (ordre public). For Turkish real estate, the joint will is invalid.

Even worse, Turkish inheritance law imposes mandatory forced shares (saklı pay) that a will cannot override. Under Article 506 of the Turkish Civil Code, descendants hold a protected share equal to 50% of their statutory intestate share. If a German couple's Berliner Testament leaves a Turkish apartment entirely to the surviving spouse, the children can file a reduction lawsuit (Tenkis Davası) in a Turkish court and claim their forced share immediately — they don't have to wait until the second parent dies.

Turkish Intestacy: The Default If No Valid Will Exists

When there's no will that Turkish courts will recognize (which is common for German citizens), Turkish intestacy rules apply to any Turkish real estate:

• Spouse + children: Spouse receives 1/4 (25%) of the property; children split the remaining 3/4 equally
• Spouse + parents: Spouse receives 1/2; the deceased's parents split the other half
• Spouse alone (no children, no parents): Spouse receives 3/4; remaining 1/4 goes to the deceased's siblings or their descendants

These quotas apply to each Turkish property individually. They cannot be modified by a German will, and German Pflichtteil (compulsory share) rules — which give disinherited heirs a financial claim but not direct ownership — don't apply. Under Turkish law, the forced share grants direct, inalienable co-ownership of the property itself.

Getting the Turkish Certificate of Inheritance

To actually transfer property, access bank accounts, or sell real estate in Turkey, heirs need a Turkish certificate of inheritance — either a Mirasçılık Belgesi or Veraset İlamı.

A German Erbschein has no direct legal force in Turkey. It can serve as supporting evidence, but it doesn't substitute for the Turkish certificate.

Here's the catch: Turkish notaries are legally prohibited from issuing inheritance certificates when any foreign element is involved — a foreign deceased, a foreign heir, or dual citizenship. German heirs must file a formal petition before the Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi). This judicial process requires apostilled and translated German civil documents (birth certificates, marriage certificates) and typically takes 6–12 months.

If the heirs are in Germany and cannot travel to Turkey, they must execute a Turkish-compliant power of attorney (Vekâletname) at a Turkish Consulate in Germany, authorizing a Turkish attorney to represent them in court.

What Heirs Should Do

Families discovering they're subject to Nachlassspaltung need to act on two parallel tracks:

In Germany: Apply for the Erbschein at the competent Nachlassgericht (probate court) to settle the movable-asset portion of the estate.

In Turkey: Engage a Turkish cross-border attorney to file for the Veraset İlamı, handle the inheritance tax declaration (mandatory within 6 months for foreign-resident heirs), and represent the heirs at the Land Registry (Tapu Müdürlüğü) for property transfers.

Doing one without the other leaves half the estate unresolved. The German Dies in Turkey — Family Emergency Guide includes timelines, document checklists, and worked examples for both tracks.