Surviving Spouse Inheritance Rights in Turkey (Including Unmarried Partners)
Surviving Spouse Inheritance Rights in Turkey (Including Unmarried Partners)
If your spouse died owning assets in Turkey, Turkish law gives you a defined share of the estate — but the exact percentage depends on which other heirs exist. And if you weren't legally married, Turkish law gives you absolutely nothing. Here's how both situations work in practice.
What a Legally Married Spouse Inherits
Under the Turkish Civil Code (TMK), the surviving spouse's share depends on which "class" of relatives also survives:
Spouse alongside children: You receive 1/4 of the estate. Your children divide the remaining 3/4 equally among themselves.
Spouse alongside the deceased's parents: You receive 1/2 of the estate. The parents split the other half.
Spouse alongside grandparents: You receive 3/4 of the estate.
Spouse with no surviving relatives in the first three classes: You inherit 100% of the estate.
These shares are further protected by the "reserved portion" (sakli pay). Your reserved minimum equals your full statutory share when inheriting alongside children or parents — meaning a will cannot reduce your portion below what you would receive under intestate succession.
Why This Matters for Foreign Spouses
Foreign spouses are treated equally under Turkish succession law, provided the marriage was officially registered. A civil marriage ceremony performed abroad is recognized in Turkey. Religious-only ceremonies or common-law partnerships are not.
If you're a foreign spouse living in Turkey, note that SGK (Social Security Institution) survivor benefits are also available. The surviving spouse typically receives 50% of the deceased's pension if there are eligible children, or 75% if there are no other dependents and you are not working or receiving another pension.
Unmarried Partners: Zero Statutory Rights
This is the part that devastates expat couples. Under Turkish law, unmarried or cohabiting partners have absolutely zero inheritance rights, regardless of:
- How long you lived together
- Whether you have shared children
- Whether you shared a home and bank accounts
- Whether you were recognized as common-law partners in another jurisdiction
If your partner dies intestate in Turkey, every piece of Turkish real estate and every lira in Turkish bank accounts bypasses you completely. The estate passes to the deceased's biological relatives — children, parents, siblings — or, if none exist, to the Turkish state.
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What Unmarried Partners Can Do
The only protection is a valid Turkish will (vasiyetname). A will executed before a Turkish notary can leave assets to an unmarried partner, but it cannot override the reserved portions owed to children (50% of their intestate share) and parents (25% of their intestate share).
Foreign wills can be enforced in Turkey through a court recognition (tenfiz) process, but this is slower and more expensive than a locally executed Turkish will.
If you're in an unmarried partnership and either of you owns assets in Turkey, getting a Turkish will drafted is the single most important legal step you can take right now — before a crisis forces the issue.
The Someone Died in Turkey: English Speaker's Emergency Guide covers the full inheritance framework including how to protect unmarried partners, enforce foreign wills, and calculate exact spousal shares under different family structures.
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