Applicative problems regarding the Turkish certificate of succession

Abstract

Considering the intensifying transnational migrations, multicultural families and the Turkish population living abroad, requesting a Certificate of Succession (the legal document which names a deceased person’s heirs) from Turkish authorities, or the recognition of a foreign Certificate of Succession in Turkey, is gaining increasing practical importance. However, determining the international jurisdiction of Turkish courts for the issuance of a Certificate of Succession containing a foreign element brings up certain debates under Turkish law. The competence of the notary publics in the issuance of a Certificate of Succession is also contentious. In addition, where a Certificate of Succession is requested from a competent Turkish court, the law applicable to succession appears as another issue, especially with regards to the right of inheritance of the surviving spouse in same-sex marriages. Further, the recognition of a foreign Certificate of Succession involves debates and presents obstacles relating to the preconditions and the requirements for recognition. This paper examines the following issues: the doctrinal debates and the problems in practice, with particular attention given to the competent authority to issue a Certificate of Succession in a case with a foreign element, the applicable law in succession cases, and the recognition of foreign Certificates of Succession in Turkey. © 2023, The Author(s), under exclusive license to Springer Nature Switzerland AG.