There are three types of wills: Official Wills (Resmi vasiyetname), Holographic Wills (El yazılı vasiyetname), and Oral Wills (Sözlü vasiyetname).
1. Official Wills
An official will is drawn up with the participation of an official officer (resmi memur) in accordance with the forms prescribed by the Civil Code. The participation of an authorized officer (typically a notary, judge, or authorized official) is mandatory for the will to attain official status. It is executed in the presence of the official and two witnesses.
Witness Disqualifications: Pursuant to the law, the following persons cannot serve as witnesses: the spouse of the testator, their descendants (altsoy), ascendants (üstsoy), siblings, the spouses of these persons, those prohibited by a criminal court judgment, illiterate persons, and those lacking legal capacity (fiil ehliyeti).
For Literate Testators: If the will is prepared beforehand, it is submitted to the official; the official dates and signs it. If prepared on-site, the testator dictates their wishes to the official, who then records them. The testator reads and signs the document. Subsequently, the official and witnesses state that the testator has read the document and confirmed it as their last will. Witnesses do not need to know the actual content of the will.
For Illiterate Testators: The testator dictates their wishes. The official prepares the record and reads it back to the testator in the presence of two witnesses. Once confirmed, the will is preserved.
2. Holographic (Handwritten) Wills
A holographic will must be written entirely in the handwriting of the testator (el yazısı), from beginning to end, and must include the exact date (year, month, and day) and the signature. Submission to an official is not a requirement for validity; however, it may be deposited with a notary or a civil judge of peace to prevent loss, alteration, or tampering.
3. Oral Wills
An oral will is a secondary method used only in extraordinary circumstances (e.g., imminent danger of death, war, epidemic) where it is impossible to execute a will in any other form.
It requires two witnesses. The testator informs the witnesses of their last wishes. One witness records these wishes (or has them recorded later).
The witnesses must then deliver this document to a Civil Judge of Peace or a Civil Judge of First Instance without delay. For an oral will to remain valid, it must be submitted to the court immediately. Witnesses for an oral will must be literate.