Legal effects in Turkey of testatements issued abroad

While states enacting the rules of inheritance codes, the economic and social conditions of the societies, their religious beliefs, thoughts and political policies should be deemed. Because of this reason, both the substantive and conflict of laws rules on succession vary considerably in the different legal systems. Conflict of laws problems on determination of the applicable law to testamentary dispositions as regards to capacity, form, essential validity and effects, construction and invalidity. Because of this reason, conflicts of laws problems shall be deemed primarily. With respect to the applicable law to the testamentary dispositions which have international elements, the traditional conflicts approach is to use the objective connecting factors under Turkish law; however, in contemporary legal systems in determining the authorized law subjective connecting approach is preferred. Increasing international relations and ease of circulation, increased movable and real estate property in many countries. The result of this, the applicable law should be determined regarding cases of international succession in many countries. In our study, we focus on legal testament as a part of testamentary dispositions. Testament has been discussed in judicial decisions regarding testator's situation, testament status, validity, fulfillment, preservation, annulment or nullity. There is no one certain conflict of law rules on the testament functions. In this area of private international law, in order to find sufficient solutions and provide the uniformity of decisions, applicable law rules must have determined special and detailed provisions on capacity, formal and the essence of the legal transaction. On the other hand, with the exceptional positions in the private law statutes, the number of cases has been increased. This study has aimed to scrutinized the literature and examining the judicial decisions in order to determine the law to be applied in accordance with international private law justice, the literature and cases. There is no uniform code under international law of succession. must have special and detailed provisions and also utilize the contemporary tendency in private international law. Special and detailed provisions should be adopted to ease the judicial harmony and judicial economy principle tendency in private international law.