As in every inheritance case, the question of the applicability of the law arises at the outset. The German-Turkish inheritance case is a special case in this respect. A succession agreement was concluded between the then German Reich and the Turkish Republic on 28 May 1929. The applicable law is determined in accordance with § 14 of the annex to the consular agreement. This succession agreement continues to exist between the legal successor of the German Reich, the Federal Republic of Germany, and Turkey. This shall also apply after Entry into force of the EuErbVO, as Article 75(1) of the EU Succession Regulation gives priority to international treaties.
Pursuant to Section 14 of the Succession Agreement, the estate is divided: the movable assets are assessed according to the inheritance law of the state of which the deceased was a national at the time of death. Immovable property is inherited in accordance with the law of the place where the property is located.