Oral Will

Oral wills are regulated by Articles 539-541 of the Turkish Civil Code. When a testator cannot make an official or handwritten will due to extraordinary circumstances, they may express their final wishes orally. If the testator can make an official or handwritten will, they are not allowed to create an oral will.

An oral will is valid only in the following extraordinary situations:

• Imminent danger of death
• Transportation disruption
• Illness
• War
• Civil unrest
• Terrorist attacks
• Earthquake or similar extraordinary events

To make a valid oral will, the testator must communicate their last wishes to two witnesses simultaneously, instructing them to write down the wishes or have them recorded. The witnesses must write down the testator’s statements, sign the document, and deliver it to the competent authority without delay. Failure to meet these requirements invalidates the oral will.

After the testator’s death, the oral will must be opened by the civil court of peace judge at the testator’s place of residence. The will is read to the heirs, and the necessary records are prepared. The will must be opened within one month of submission.

An oral will becomes invalid if the extraordinary conditions cease or the testator gains the ability to make an official or handwritten will within one month. Heirs may also choose not to honor the oral will, eliminating the need for annulment proceedings.