Inherited From a Relative Whose Citizenship Was Revoked or Who Had More Than One Marriage?

Inheritance law can be complex even when all parties are Turkish citizens and there is only a single marital relationship. But when there is an irregularity in the decedent's (the deceased person's) citizenship status, a prior marriage contracted abroad that was concealed, or the decedent is subject to restrictions on acquiring real property that apply specifically to nationals of certain countries, the inheritance process becomes intertwined with far more layered legal issues. In this article, we examine — in light of current Court of Cassation (Yargıtay) case law — how the estate of a decedent whose citizenship status and marriage validity are disputed will be shaped.

Why This Matters

In an increasingly globalized world, the number of people who have lived in different countries, hold multiple citizenships, or have a history of more than one marriage is growing. In inheritance proceedings opened after the death of such persons, the questions of "who is truly considered an heir," "which marriage is valid," and "how the decedent's citizenship status affects the fate of the real property" involve far more legal layers than a standard inheritance case.

Summary of the Situation (A Typical Scenario)

A foreign national acquired Turkish citizenship through a false statement or by concealing material facts. The same person has a prior marriage, still legally valid abroad, that was not disclosed during the citizenship-acquisition process. This person later marries another spouse in Turkey. After the person's death, both the claim that citizenship was acquired irregularly and the validity (nullity) of the second marriage become matters of dispute. This directly affects the surviving spouse's status as an heir and the heirs' rights over the real property.

The Legal Issue

Three separate legal matters are intertwined in files of this type: (1) the possibility of revocation of citizenship and its effect on the inheritance, (2) the nullity of the marriage and the surviving spouse's status as heir, and (3) restrictions on the acquisition of real property where the decedent or the heirs are foreign nationals.

What Does the Court of Cassation Say?

1. Revocation of Citizenship and Its Effect on Inheritance

Under Article 31 of Turkish Citizenship Law No. 5901, where a person has acquired citizenship through a false statement or by concealing material facts, the citizenship decision may be revoked.

• A decision of the Court of Cassation, 7th Civil Chamber (2024, E. 2023/1059, K. 2024/1561), referring to Article 33 of Law No. 5901, emphasized that persons whose citizenship has been revoked must liquidate their assets in Turkey, failing which those assets will be sold by the Treasury.
• Court of Cassation, 1st Civil Chamber (2021, E. 2020/3962, K. 2021/448): Stated that the supporting documents of persons who acquired citizenship must be obtained from the relevant ministry and that civil registry records must be requested from foreign judicial authorities, and that irregularities in the citizenship-acquisition process directly affect the determination of heirship.

2. Inheritance Rights of Nationals of Certain Countries and Restrictions on Real Property

Under Turkish law, there are special restrictive regulations applicable to the real property in Turkey of nationals of certain countries. The best-known example is Law No. 1062, based on the principle of reciprocity; under this law and the related decrees, the real property in Turkey of nationals of the countries within its scope may be seized by the Treasury.

• A decision of the Court of Cassation, 7th Civil Chamber (2013, E. 2012/5523, K. 2013/2755), held that where it is proven that the decedent was a national of a country falling within this scope, the real property in Turkey would be seized by the Treasury.
• However, a more recent decision of the Court of Cassation General Assembly of Civil Chambers (2023, E. 2021/466, K. 2023/396) expressly stated that these restrictions do not obstruct the inheritance rights (TMK Articles 599 and 705) of heirs who are Turkish citizens (the spouse and children), and that the right to property is protected under Article 35 of the Constitution.
• Where the heirs themselves are also foreign nationals, under a decision of the Court of Cassation, 14th Civil Chamber (2020, E. 2016/14561, K. 2020/4348), it is mandatory to investigate, through the relevant ministry, whether reciprocity exists between Turkey and the country concerned as of the date of death.

3. Nullity of the Marriage and Status as Heir

Under Article 145/1 of the Turkish Civil Code (TMK), the fact that one of the spouses was still married at the time of contracting the marriage constitutes an absolute ground for nullity. A person contracting a new marriage while concealing a prior marriage directly affects the validity of that second marriage.

• In a decision of the Court of Cassation, 7th Civil Chamber (2025, E. 2025/1561, K. 2025/5369), it was stated that a claim of "nullity of the marriage" was raised against the surviving spouse's status as heir, but that Article 158 of the TMK could not be applied absent a nullity action filed before the decedent's death. An important principle applies here: a void marriage terminates only by a court decision, and until that decision, it continues to produce the effects of a valid marriage.
• In legal doctrine, it is accepted that certain rights of the "good-faith" spouse (TMK Article 158) may be preserved despite the nullity of the marriage; however, where there was a fraudulent concealment aimed at the acquisition of citizenship, it is emphasized that this situation may also constitute "material fraud" for purposes of citizenship law.

4. Correction of Civil Registry Records

Under Articles 31 and 35 of Population Services Law No. 5490, records in the civil registry cannot be corrected without a final and binding court decision. A decision of the Court of Cassation, 7th Civil Chamber (2013, E. 2012/7618, K. 2013/372), emphasized that a person must be presumed alive unless a death record has been entered, and that a separate action must be filed for the registration of death. Furthermore, resolving disputes over names or parentage in records held abroad may require DNA testing, witness testimony, and the originals of foreign civil registry records.

Points to Watch

• The citizenship-revocation process and the inheritance process affect each other. If citizenship is revoked, whether the decedent is to be treated as if they had "never been a citizen" and the effect of this on the real property must be separately examined.
• Be careful if the nullity action was not filed during the decedent's lifetime. The invalidity of a marriage results only from a court decision; without that decision, the marriage continues to be considered legally valid.
• Do not neglect the reciprocity inquiry. For heirs who are foreign nationals, the existence of reciprocity as of the date of death must be officially inquired through the relevant ministry.
• Notaries have limited authority. If the citizenship status of the decedent or the heirs is uncertain, or if they hold multiple citizenships, notaries cannot issue a certificate of inheritance; in that case, application must be made to the court.
• Different courts have jurisdiction. Revocation of citizenship falls within the jurisdiction of the administrative courts, nullity of marriage within that of the family court, and determination of heirship within that of the civil court of peace/first instance; a relationship of a preliminary (bekletici) issue may need to be established between these actions.

Conclusion: What Should You Do?

In an inheritance file involving disputed citizenship status, marriage validity and a foreign element, it is essential to proceed without haste, following a prioritized strategy:

• First, clarify any inconsistencies in the decedent's civil registry records and the registration of death.
• If there is uncertainty in the citizenship status, clarify its effect on the inheritance through a separate legal assessment.
• If the validity of the marriage is disputed, consider intervening in the relevant action so that the surviving spouse's status as heir can be clarified.
• If necessary to protect the real property, have a precautionary injunction annotated on the land registry.
• In multi-layered inheritance files with an international element such as this, obtaining support from a law firm well versed in both inheritance law and foreigners and citizenship law will prevent the loss of rights.