Inheritance Law in Dual Citizenship: Which Legislation Applies Between Switzerland and Turkey? (Erbrecht bei Doppelter Staatsangehörigkeit) is a highly significant and technical legal topic, especially for individuals who own assets in both countries. This area requires not only the comparison of two distinct legal systems but also the application of private international law principles. The differences between Swiss inheritance legislation and the Turkish rules on estate distribution, reserved share (saklı pay), validity of wills, and inheritance taxation often lead to complexities. Therefore, individuals who hold dual citizenship or who possess movable or immovable assets in both countries must seek professional legal guidance when planning their estate.
Which Legal System Applies Between Switzerland and Turkey?
Determining which country’s law applies in inheritance matters can be confusing when dual citizenship is involved. Generally, the applicable law is determined based on the last habitual residence of the deceased. However, dual citizenship complicates this determination. Turkey follows a strong rule that Turkish nationals are subject to Turkish inheritance law. In Switzerland, the decisive factor is the testator’s habitual residence. Thus, an individual who retains Turkish citizenship but is considered resident in Switzerland may face intertwined legal frameworks.
Differences in Reserved Share Rules
The reserved share rules (saklı pay/Pflichtteil) differ significantly between the two countries. Turkey implements a strict reserved share system limiting the testator’s freedom to dispose of assets. Switzerland, however, significantly narrowed its reserved share rules with the 2023 reforms, giving testators greater testamentary freedom. Therefore, dual citizens must carefully assess the validity of their wills and the calculation of reserved shares depending on the applicable jurisdiction.
Validity Issues in Wills
Although both countries recognize different types of wills, their formal requirements vary. Turkey commonly uses handwritten and official wills, whereas Switzerland allows oral wills under certain conditions. This may create validity risks. For example, a will that is valid under Turkish law may not be recognized under Swiss legislation.
Inheritance Taxation
In Switzerland, inheritance tax varies by canton, while Turkey applies inheritance and transfer tax nationwide. In Switzerland, tax rates differ substantially depending on the degree of kinship, whereas Turkey’s system is more uniform. Dual citizens may face overlapping tax obligations in both countries, making professional tax and legal planning essential.
Common Challenges in Cross-Border Inheritance Procedures
Swiss–Turkish inheritance disputes often involve determining jurisdiction, recognition of the will, transfer of assets, access to bank accounts, and completion of land registry transactions. Since governmental procedures in both countries differ greatly, improperly managed processes may extend for months or even years.
Why Professional Legal Support Is Essential
Dual citizenship matters require a combined understanding of private international law, Swiss civil law, and Turkish inheritance law. Working with an expert who is knowledgeable in both legal systems speeds up the process, prevents loss of rights, and ensures accurate planning of the estate.
Expertise of Turkius Law and Attorney Fatma Karakülah
Attorney Fatma Karakülah, registered with the Istanbul Bar Association since 2010, provides comprehensive legal support in international inheritance and dual citizenship matters through her qualifications in mediation, trademark representation, and English–Turkish sworn translation. Turkius Law & Mediation & IP Services delivers professional, reliable, and solution-oriented legal services for Swiss–Turkish inheritance matters through its offices in Turkey, Switzerland, and Germany, along with its extensive international legal network in more than 70 countries. Expert support is crucial for cross-border estate planning, drafting wills, and recognition or enforcement of inheritance decisions to ensure a smooth and accurate legal process.
