How to Prepare a Will?

Introduction: What is a "Will" and Why Should It Be Drafted Correctly?

A will is a unilateral legal act in which a person , to take effect after their death . While in everyday language it may seem like the answer to the question "to whom will I leave my property when I die?", in inheritance law, a will is more than just a "decree of distribution": it can have many consequences, such as appointing heirs, bequeathing specific property (will), setting conditions, disinheriting, and appointing an executor (will enforcer).

If a will is drawn up in the wrong way, lacks the necessary form, or remains ambiguous, it can lead to increased family disputes, annulment lawsuits, prolonged inequality of the estate, and often, the testator's true intentions cannot be realized. Therefore, a "written and done" approach can result in serious loss of rights, particularly reserved shares, witness restrictions, legal capacity/reason for understanding .

This article the three main types (official, handwritten, and oral); I will explain their validity requirements, differences, practical preparation steps, common mistakes, and potential litigation risks in a "practical" manner.

Types of Wills: Formal – Handwritten – Oral
Common Validity Requirements for Every Will
How to Prepare a Formal Will (at a Notary Public)?
Rules for Witnesses in Formal Wills and the Most Common Mistakes
How to Write a Handwritten Will?
Handwritten Wills: Date, Signature, and Text: Critical Points for Validity
What is an Oral Will, and When is it Possible?
The Relationship Between a Will and the Reserved Inheritance: Does "I Leave Everything" Always Work?
Heir Appointment or Bequest? Choosing the Right Concept
Appointing an Executor
Will Amendment and Cancellation: How to Revoke It?
Will Annulment Lawsuit: What are the Reasons for Filing It?
Reduction of Shares Lawsuit: What Happens in Case of Violation of Reserved Share?
Guide (Checklist) for Creating a Secure Will
Frequently Asked Questions (FAQ)

1) Types of Wills: Formal – Handwritten – Oral

In the Turkish Civil Code system, a will can be made in three ways:

Formal will: A will drawn up in the presence of a notary (or authorized official) and two witnesses.
Handwritten will: the testator's own handwriting , dated, and signed.
Oral will: only extraordinary circumstances (imminent threat of death, war, earthquake, disruption of transportation, etc.).

Of these three types, the most secure is generally a formal will ; although a handwritten will seems the quickest and least expensive, it is also the one most frequently challenged in court. An oral will, on the other hand, is not a method that can be preferred "in normal times," but rather a product of necessity.

2) Common Validity Requirements for Every Will

Regardless of the type of will, certain basic requirements are common:

A) Age and Driving License

To make a will, one must generally be at least 15 years old and have the capacity to make informed decisions .
Discernment means a person's ability to understand the meaning and consequences of their actions and to make reasonable decisions.

Application note: Especially in cases involving advanced age, suspected dementia, heavy medication use, and psychiatric treatment, the main point of contention in a will is often the claim that the person "lacked the capacity to make sound judgments." Therefore, in cases where disputes are possible, medical reports and process management are crucial.

B) Free Will

A will may be considered for annulment if it is made under duress, threat, deception, or fraud, which impairs the testator's free will. A significant portion of inheritance cases revolve around claims that the testator was deceived or coerced.

C) The Form Prescribed by Law

If a will is not made in one of the forms prescribed by law, it risks being invalid "even if the intention is pure." In inheritance law, formal requirements are often related to the "validity" of the transaction, not its "proof.".

3) How to Draft a Formal Will? (Step-by-Step at the Notary Public)

Formal wills are most often notary . The process can be summarized as follows:

Step 1: Preparation and Drafting

The testator clarifies what they want to leave to whom:

Will an heir be appointed, or will a specific bequest of property be made?
Are there any heirs entitled to a reserved share? (Spouse, descendants/children, and in some cases, parents)
Under what scope will real estate, bank accounts, company shares, vehicles, jewelry, etc. be regulated?

A well-prepared draft at this stage ensures a more accurate and reliable text at the notary.

Step 2: Identity Card and Declaration at the Notary Public

The notary identifies the testator, obtains their will, and prepares the document using legal techniques. The testator must be literate; the process of creating a formal will is particularly delicate for illiterate individuals.

Step 3: Two Witnesses

A formal will two witnesses . These witnesses play a crucial role as they confirm that the testator's statement was made of their own free will and that the document was duly prepared.

Step 4: Reading-Approval-Signature Procedure

The text is read to the testator, or the testator reads the text; they declare that they understand its contents and that it reflects their will; then the necessary signatures are affixed.

Advantages of a Formal Will

Meeting the formal requirements in a "corporate" manner reduces the risk of cancellation.
The risk of losing the document is low.
It provides a strong basis against claims of impaired willpower.

Disadvantages of Formal Wills

It can be more formal and expensive than handwritten documents.
Finding witnesses and determining their suitability is a separate, delicate matter.
For individuals with privacy concerns, the witness factor can be disturbing (although this can be managed with the selection of the right witnesses).

4) Witness Rules in Formal Wills and the Most Common Mistakes

In formal wills, one of the most common grounds for annulment the suitability of the witnesses .

In general, the witnesses are:

Having legal capacity and the ability to discern,
Literate,
The individuals in question must not benefit from the contents of the will .

Critical principle of application: If the beneficiary of the will, or someone very close to them, acts as a witness, serious disputes may arise later, even if the will appears to be correctly drafted. Therefore, the selection of witnesses should not be left to chance; it should be structured in a way that does not raise suspicions of a conflict of interest.

5) How to Write a Handwritten Will?

A handwritten will is the most practical-looking type, but it is also the most open to debates regarding "form, proof, and forgery." The basic rule for a valid handwritten will is:

The entire text must be written in the testator's own handwriting ; it must also include the date and signature .

Guide to Writing a Handwritten Will

Add a heading: A phrase like "Handwritten Will" is helpful.
Enter your personal information: Full name, Turkish Republic ID number, date of birth, address.
Express your intentions in clear terms:
- "I am leaving this property to X."
- "I appoint Y as my heir to my entire inheritance."
Clearly describe the property: Provide identifying information such as title deed details (province/district/neighborhood/block/parcel number), bank branch, or IBAN.
Date: Write it clearly in the format day-month-year.
Wet signature: Your signature must always match the same sample.

Advantages of a Handwritten Will

It's quick and can be done without going to a notary.
Privacy is higher.
The cost is low.

Disadvantages of Handwritten Wills

There is a risk of it being lost/destroyed.
They frequently go to expert witnesses with claims that "this writing is not his.".
Errors such as missing dates and signatures, or parts of the text being typed/computer-printed, can have serious consequences.

6) Date-Signature-Text in Handwritten Wills: Critical Points for Validity

In handwritten wills, the crux of disputes often lies in the following:

A) The Entire Text Must Be Handwritten

Claims that computer printouts have been inserted, that parts of the text were written by someone else, or that additions were made later carry a high risk.

B) The Importance of History

History is not just about answering the question of "when was it written"; it is also:

Whether the testator had legal capacity at the time of the testator's death
If there are multiple wills,
it is decisive in matters such as which one is the "last will.

C) Signature and Text Consistency

The absence of a signature, or a signature placed in an inappropriate location rather than at the bottom of the text, can create controversy. In practice, it is recommended that the signature be placed at the end of the text, preferably along with the full name.

7) What is an Oral Will, and When is it Possible?

An oral will is not a method used "under normal circumstances." The law only permits an oral will in extraordinary circumstances where it is practically impossible for a person to make a written/formal will

Typical Requirements for Oral Wills

Imminent risk of death,
Emergency situations such as war, natural disasters, and epidemics,
The inability to make a formal/handwritten will due to reasons such as disruption of transportation or lack of communication facilities.

How to do it?

The testator tells two witnesses his last wishes.
Witnesses write and sign this statement or initiate the process of notifying the court without delay.
When extraordinary circumstances cease to exist and the testator is able to make a written/formal will, the time and procedural provisions stipulated by law become important for the continuation of an oral will (this area requires a very technical assessment depending on the specific case).

Warning: Oral wills are the most fragile type of will in terms of proof and form. In practice, they are the subject of intense debate in most cases.

8) The Hidden Share Truth: Does "Giving Up Everything" Always Work?

One of the most critical concepts when preparing a will is the reserved share. The reserved share is the inheritance right that the law "restricts" on certain heirs (especially descendants and spouses). If the testator makes a disposition that completely eliminates the rights of heirs entitled to a reserved share, the will is not automatically deemed "null and void"; however, a reduction lawsuit can be filed, and the dispositions can be reduced to a certain extent.

Practical conclusion: Simply stating "I leave all my assets to one person" may not achieve your goal. In cases involving heirs entitled to a reserved share, the exact portion of the will that will be implemented must be calculated separately.

Therefore, when planning a will:

Who are the heirs entitled to a reserved share?
Inheritance and assets subject to reduction,
preventing allegations of asset concealment
should be considered together.

9) Appointment of Heir or Bequest of Property? (Two Often Confused Concepts)

Two different mechanisms can be established through a will:

A) Appointment of Heir

The process of designating someone as an heir to the entire inheritance or a specific percentage of it. The heir is, as a rule, also affected by the estate's debts in proportion to their share and enters into a joint inheritance relationship.

B) Bequeathing Specific Property (Will)

This refers to the bequeathing of a specific property or right to a person, such as "This property shall go to X." In this case, the individual is often not an "heir" but a "legal heir"; they claim their right against the estate/heirs.

Why is this important? Because of the wrong choice of concept in practice:

Liability for debts,
The land registration process,
Enforcement proceedings,
This leads to very different outcomes in terms of relationships with heirs

10) Appointing an Executor for the Will (Executor of the Will)

If the estate is complex (multiple properties, company shares, assets with foreign elements, tensions among heirs, etc.), an executor can significantly facilitate the process.

Person in charge:

He/She carries out the necessary procedures for the execution of the will
It can undertake functions such as protecting and managing the estate, and paying off debts
It ensures coordination among the heirs.

Choosing the right person (impartiality, trust, competence) and clearly defining the boundaries of their duties in the text are important.

11) How to Change or Revoke a Will?

A will, being a "last will," can be amended. General methods include:

Drawing up a new, dated will (often the cleanest way),
Introducing new provisions that contradict the previous will,
Physically destroying a handwritten will (which can be risky and controversial in practice).

Practical advice: If changes are possible, it's better to proceed with a formal will rather than a handwritten one; creating a new text with each update will reduce future debates about "which text is valid."

12) Lawsuit to Annul a Will: What are the Reasons for Filing It?

Interested parties a lawsuit to annul . Typical grounds for annulment include:

The testator's lack of capacity to understand,
The will being made through error, fraud, threat, or coercion,
Failure to comply with formatting requirements (incorrect witnesses, missing date/signature, text not being entirely handwritten, etc.),
The content is illegal/immoral or impossible.

In practice, annulment proceedings are conducted using witness statements, hospital records, medication reports, forensic/psychiatric evaluations, and signature and handwriting analyses.

13) Reduction of Shares Lawsuit: What Happens in Case of Violation of Reserved Share?

If there is a violation of the reserved share, only the part of the will that infringes upon the reserved share is subject to reduction. Therefore:

A portion of the will can be executed as is
A portion of it is reduced,
Sometimes, bequests are proportionally divided or adjusted according to a principle of equalization.

Because this area requires calculation and estate assessment, expert examinations are often necessary in most cases.

14) Guide to Creating a Secure Will (Checklist)

The following list offers a practical roadmap to reduce the “litigation risk” of a will:

Preparation

An inventory of assets has been prepared (real estate, bank accounts, companies, vehicles, receivables)
Reserved heirs have been identified
The desired type of disposition is clear: appointment of an heir or bequest of property?
The terms and conditions and requirements have been checked to ensure they are clear and applicable

Form and Evidence Guarantee

A medical report is planned in case of a disputed driver's license
In a formal will, witnesses do not have a conflict of interest
In a handwritten will, the entire text is handwritten, the date is accurate, and the signature is intact
The document was preserved/stored in a way that will prevent its loss

Text Quality

Ambiguous statements such as "I treated everyone fairly" were avoided
The properties were labeled with distinguishing information such as plot and parcel numbers
Information has been added to the names to avoid any identity confusion
The status of older wills was explained (e.g., revocation by a new will)

15) Frequently Asked Questions (FAQ)

1) Is a will required at a notary public?

No. The law also permits handwritten wills. However, in practice, the lowest risk of revocation is usually with a formal will.

2) Can a handwritten will be typed and signed on a computer?

As a rule, no. A handwritten will entirely handwritten ; a computer printout would lead to serious invalidity/administrative disputes.

3) Is an oral will a viable alternative for everyone?

No. Oral wills are exceptional; unless there are extraordinary circumstances, their validity is questioned.

4) Can the reserved share be completely eliminated by will?

As a general rule, it is not possible to completely eliminate the reserved share; if there is a violation, a reduction lawsuit comes into play. However, institutions such as disinheritance can only be applied under the strict conditions required by law.

5) I prepared my will, but then I changed my mind. What should I do?

The safest course of action is to draw up a new, duly dated will, explicitly revoking the previous one.

Conclusion: The most accurate will is not the "easiest" one, but the "most durable" one

Drafting a will is not merely about writing a text; it's about anticipating post-death disputes and establishing the will within a solid framework of evidence and form . A formal will is often the strongest method; a handwritten will, if not properly formulated, is frequently subject to annulment or reduction disputes. An oral will, on the other hand, can only be considered under exceptional circumstances.

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