Paylaş: Who Can Create an Official Will?
An official will can only be created by individuals who meet specific requirements. Here are the details:
Conditions for Making an Official Will
- Ineligible Individuals:
- Those prohibited from public service by a criminal court decision.
- Illiterate individuals.
- The spouse, direct relatives, siblings, and their spouses of the testator.
Authorized Persons to Draft an Official Will
- Official Authorities: An official will must be drafted and signed by an authorized official.
- Peace Court Judge or Notary: Can draft the will.
- Authorized Consulates: Can draft the will for Turkish citizens residing abroad.
Official Will Drafting Procedure
Writing and Signing the Official Will
- The will is read by the testator and then signed.
- If unable to sign, the will is read by the official in front of two witnesses.
Witnesses and Declarations
Witnesses' Statements:
- Witnesses confirm that the testator has read and declared the will.
- The statement by the witnesses is written and signed in the will.
- Witnesses must also declare that the testator has the capacity to make the will.
Official Will Without Reading or Signing by the Testator
If the testator is unable to read or sign the will:
- The official reads the will to the testator in the presence of two witnesses.
- The testator then confirms that the will reflects their final wishes.
Prohibition of Participation and Gaining Benefits from the Will
- Those without legal capacity.
- Individuals banned from public service.
- The spouse and close relatives of the testator.
- The drafting official or witnesses cannot benefit from the will.
Invalidity of Joint Wills
- Wills created through a mutual agreement, where one is dependent on the other, are considered joint wills and are deemed invalid.
