1) Requesting Registration in the Name of the Beneficiary by the Heirs:
The heirs or the executor of the will may directly register this specific property in the name of the beneficiary based on the certificate of inheritance, 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 making the disposition upon death) (Civil Code Article 705/2). In such a case, after the request of the heirs and the beneficiary is written on the registration request document, the name of the decedent (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) Request for Registration in the Name of the Beneficiary by the Executor:
If an executor has been appointed in the will, the executor may also register the specific property bequeathed to the beneficiary in the name of the beneficiary. For this purpose, the executor must present a certified copy of the will. However, there is no need to seek a judge’s letter 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 registration is carried out as explained above. However, since the beneficiary of the will is liable for the fee to be paid, the fee must be charged to the beneficiary of the will. Unless expressly provided for in the will, this fee cannot be covered from the estate.
3) Registration Request by the Beneficiary of the Will:
If the heirs or the executor of the will refuse to register certain estate property 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 property left to him/her in the will. The judge may issue such a letter to the beneficiary even at the very beginning, when deciding on the execution of the will.
The person to whom a specific asset is bequeathed must then apply to the relevant land registry office with this letter written by the judge for registration, along with the decision to enforce the will and a certified copy of the will. This application is recorded in the registry office as a registration request, and the registration process is carried out in the name of the beneficiary as explained 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 mean that the specific property is registered in the name of the beneficiary 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.
