Who Applies to Establish a Foundation Created by Will?

Foundation Formation and Foundation Deed

Prepared by: Constantinople

A will requesting the establishment of a foundation does not mean that every formation step is completed automatically at death. The intention to establish it must appear in a valid testamentary disposition, and its purpose and allocated assets must be ascertainable. Registration proceedings are conducted before the competent court. Notifications by interested persons, acts of the judge opening the will and an application by the Directorate General of Foundations may play a role; the division of responsibilities in the file must be specified.

Collect the entire will, documents recording its opening and reading, death and heirship records, current records of allocated assets and any documents concerning the executor. The heirs' possible rights relating to reserved shares, validity of the disposition or debts must not be overlooked. A wish to establish a foundation does not extinguish every right of heirs to bring proceedings. Whether assets suffice for the purpose and whether the founder expressed an alternative intention are also examined.

If a will was made or assets are situated abroad, use of the foreign document in Turkey and the applicable law are assessed separately. First identify who can pursue the disposition and in which capacity, then the documents required for registration. The inheritance dispute and foundation registration are not assumed to be the same proceedings. Any risk of assets disappearing or being transferred requires separate assessment of protective measures.