1) Request for Registration in the Name of the Beneficiary by the Heirs:
The heirs or the person executing the will may register this specific property directly in the name of the beneficiary based on the inheritance certificate, a certified copy of the will, and the enforcement decision. This situation constitutes an exception to the rule of non-transferability without registration (out of respect for the will of the person disposing of the property upon death) (Civil Code Article 705/2). In this case, after the request of the heirs and the beneficiary is written on the registration request document, the name of the deceased (or the names of the heirs if they have previously transferred this property to their names) is deleted and the registration is made in the name of the beneficiary.
2) Registration request in the name of the right holder by the person executing the will:
If an executor is appointed in the will, the executor may also register specific assets left to the heir in the heir’s name. To do so, the executor must present a certified copy of the will. However, a judge’s letter is not required for registration. This is because the executor is the representative of the heirs and the estate. Upon this, the executor’s request is transferred to the registration request document by the land registry office, and the registration is carried out as described above. However, since the beneficiary of the will is responsible for the fee to be paid, this fee should be borne by the beneficiary. Unless explicitly stated in the will, this fee cannot be covered by the estate.
3) Registration Request Made by the Beneficiary of the Will:
If the heirs or the executor of the will refuse to register certain assets on behalf of the beneficiary of the will, the beneficiary of the will must apply to the court that decided on the execution of the will and request that a letter be written for the registration of the specific assets left to them in the will. The judge may issue such a letter to the beneficiary even when deciding on the execution of the will.
The person to whom a specific asset has been bequeathed must then apply to the relevant land registry office for registration, attaching this document, the decision on the execution of the will, and a certified copy of the will. This application is recorded as a registration request at the land registry office, and the registration process is carried out in the name of the beneficiary as described above.
There is a significant problem in practice in this regard:
After deciding on the enforcement of the will, judges refrain from writing a letter for the registration of the specific property bequeathed in the name of the beneficiary. However, Article 21/b of the Land Registry Regulation stipulates that the land registry director must request such a letter written by the judge in order to perform the registration. According to Article 600 of the Civil Code, a person who is bequeathed a specific asset does not acquire ownership rights without registration upon death. Their right is limited to requesting that the ownership of this asset be registered in their name.
Therefore, the beneficiary of the bequest requests that the heirs or the executor of the will register the ownership of this property in their name. If they refuse to do so, the beneficiary will apply to the court that decided on the execution of the will and request that a letter be issued to them for registration in their name, and they will apply to the land registry office with this letter.
The decision to enforce the will does not automatically mean that the specific property is registered in the beneficiary’s name under Article 600 of the Civil Code. It is essential that the court also notify this matter in writing. If the court refrains from issuing such a letter, the beneficiary of the will will have to file a lawsuit against the heirs for the cancellation of the title deed (claim due to inheritance) in order to register the specific property in their name.