KÜHEYLAN HUKUK
How to Prepare a Will? Validity Conditions, Types of Forms and Cancellation of the Will Official, handwritten and verbal wills, opening of the will, reasons for cancellation and limitation periods Legislation and case law information has been compiled as of October 2026. TMK Articles 502, Article 505, Article 531-544, Article 557-559 and Article 595-596 and the decision of the General Assembly of the Supreme Court of Appeals dated 26.11.2025 are taken as basis.
In order to make a will, one must have the power of discernment and be at least fifteen years old (TMK article 502). The will can be made officially, in handwriting, or verbally in extraordinary circumstances (TMK article 531). Form rules are strict; A will that does not comply with the form prescribed by law may be annulled (TMK article 557/4). The testator may dispose of the remaining portion, excluding the reserved shares (TCC Art. 505). A will can only be annulled by making a new will or destroying it. An annulment case must be filed within one year from the date of learning of the disposition, reason for annulment and entitlement, and in any case, within ten years against the good-faith defendant and within twenty years against the non-good-faith defendant, starting from the date of opening of the wills (TCC Art. 559).
In order to make a will, one must have the power of discernment and be at least fifteen years old (TMK article 502). Discernment is sought at the moment when savings are made; Therefore, advanced age or illness alone is not a reason for incapacity. The claim of incompetence is proven by medical records, witnesses and, when necessary, forensic examination.
The testator who has descendants, parents or spouse as heirs may make death-related dispositions on the remaining part of his inheritance, excluding the reserved shares. If he has none of these heirs, he can dispose of his entire inheritance (TMK article 505). A will exceeding the reserved share is not automatically invalid; An heir with a reserved share can bring the will to the legal limit by filing a lawsuit for reduction.
official will TMK article 532-537 It is held in the presence of an official officer (judge of peace, notary) and two witnesses. The officer writes, the testator reads and signs, the witnesses write and sign their statements.
hand written will TMK article 538 It must be written and signed in the handwriting of the testator from beginning to end, showing the year, month and day.
verbal will TMK article 539-541 It is only done by telling two witnesses in extraordinary situations such as imminent danger of death, interruption of transportation, illness, or war. An application is made to the court immediately.
In the official will, the officer writes down or dictates the wishes of the testator, and the testator reads and signs the will (TMK article 533). Immediately after the will is dated and signed, the testator declares to two witnesses in the presence of the officer that he has read the will and that it contains his last wishes; Witnesses sign this statement by writing that it was made in front of them and that they see the testator as competent to dispose of it. It is not mandatory to inform the witnesses about the content of the will (TMK article 534). If the testator cannot read or sign the will, the officer reads the will to him in front of two witnesses; In this case, the witnesses sign by declaring that the declaration was made in front of them and that the will was read to them (TMK article 535).
A handwritten will can be kept open or closed at a notary, a judge of peace or an authorized officer (TMK article 538/2). A text written on a typewriter, computer or by someone else is not considered a handwritten will. It should not be forgotten that an oral will becomes invalid after one month has passed from this date, if the testator later has the opportunity to make a will in other ways (TCC Art. 541).
Those who do not have legal capacity, those who are banned from public service by the decision of the criminal court, those who are illiterate, the spouse of the testator, blood relatives of the deceased, siblings and spouses of these people cannot participate in the preparation of the official will as officials or witnesses (TMK article 536/1). In addition, the will cannot be granted to the civil servants and witnesses who participated in the arrangement, their blood relatives, siblings and spouses of these people (TMK article 536/2). The same prohibitions apply to witnesses in an oral will, except for the condition of being literate (TMK article 539/3).
In case of violation of this prohibition, not the entire will will be annulled, but the earnings of the people who benefited from participation contrary to the prohibition (TMK article 558/3).
The testator may at any time revoke the previous will, in whole or in part, by making a new will in accordance with one of the forms prescribed by law (TMK art. 542). If the new will made without eliminating the previous will does not complete the previous will beyond any doubt, it replaces it (TMK article 544/1). He can also return by destroying the will; A will that is destroyed by accident or the fault of a third party and whose content cannot be determined exactly becomes invalid (TCC Art. 543).
The will obtained after the death of the testator must be delivered to the judge of peace immediately, regardless of whether it is valid or not. If the person who hides or finds the person does not fulfill this duty as soon as he learns about the death, he will be responsible for the damage (TMK article 595). The will is opened by the magistrate of the testator's residence within one month from its delivery and read to the relevant parties; known heirs are summoned (TMK article 596).
A lawsuit can be filed for the annulment of disposition due to death for the following reasons (TMK article 557): the disposition was made at a time when the testator did not have the capacity to dispose; mislead, deceive, intimidate or coerce; the illegality or immorality of the content, conditions or downloads; Failure to comply with the forms prescribed by law.
The annulment case can be filed by the heir or the creditor of the will who has an interest in the annulment; The lawsuit may concern the annulment of all or part of the disposition (TMK art. 558). The right expires one year from the date on which the plaintiff learned the disposition, the reason for the annulment and that he is the beneficiary, and in any case, ten years from the date of opening of wills for good-faith defendants and twenty years for non-good-faith defendants. Invalidity can be claimed at any time through defense (TMK article 559).
In its decision dated 26.11.2025 and numbered E.2024/775 K.2025/748, the General Assembly of Law examined whether the official will prepared by the illiterate testator at the notary was in compliance with TMK Article 535. In the file, it was seen that the witnesses wrote that the will was read to the testator after it was written, that the testator said that it was in accordance with his last and true wishes, and that they considered him competent to carry out the transaction, but they did not also write that "the testator's statement was made in front of them". The General Assembly overturned the annulment decision, stating that the will was completed as a whole in the presence of witnesses, without any intervening time, in accordance with the principle of unity in the process, and that in this case, the principle of interpretation in favor of the will (favor testamenti) could be applied.
The practical value of the decision is twofold. Firstly, if the testator has the will to make a will and his real will can be determined, formal deficiencies arising from the actions of his officers and assistants do not always invalidate the will. Secondly, essential formal deficiencies, such as the absence of an official or two witnesses, cannot be eliminated by a favorable interpretation; The General Assembly made this distinction clearly.
A woman who has no parents, husband or children, and whose siblings are alive, wrote a handwritten will a month ago, leaving her entire inheritance to a foundation. The year and month are written in the will, but the day is not specified. After his death, the will was opened by the judge of peace.
Since the testator has no descendants, parents or spouse, he can dispose of the entire inheritance (TMK article 505). Since the brothers do not have a hidden share, the path to criticism is closed. However, it is mandatory to indicate the year, month and day in a handwritten will (TMK article 538). Lack of days is a shape disability.
Siblings who have an interest in the annulment may file an annulment lawsuit based on lack of form within one year from the opening of the will and learning the reason for the annulment. The result depends on the court's evaluation of the formal rule and the testator's will together.
Is a notary required to write a will?
No. The official will is made in the presence of a notary, magistrate or authorized officer; However, a will that is completely handwritten and dated and signed is also valid. Text written on a computer is not considered a handwritten will.
What happens if the property is sold after the will?
The will to leave certain property is annulled if the testator later makes another disposition on that property that is incompatible with the will, unless otherwise stated in the will (TMK article 544/2). The testator can also renege by making a new will or destroying the will (TMK art. 542-543).
How long does it take to cancel a will?
It is one year from the date of learning of the reason for annulment and entitlement, and in any case ten years from the opening of the will for the good-faith defendant and twenty years for the non-good-faith defendant (TCC Art. 559).
Is a will that violates the reserved share invalid?
No. The will is valid; The heir with reserved share may file a reduction lawsuit and have the excess portion reduced to the legal limit.
Calculating the one-year period in an annulment case from the date of opening, not from the date of learning
A will is a disposition that legally maintains the will of the testator after his death, but strictly adheres to formal rules. A seemingly minor date or lack of witnesses can result in the will being revoked. Küheylan Law Firm ensures that the will is constructed in a solid manner, taking into account the reserved share, for the testators, and that cancellation and criticism requests for the heirs and beneficiaries are carried out together with the time and evidence strategy.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
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