What Is a Lifelong Care Contract in Turkey? Requirements and a Landmark Court Decision — 2026

It's a very common arrangement in rural Anatolia.

An elderly family member transfers their home or land to a relative in exchange for being cared for until they pass away.

But sometimes that promise of care isn't kept.

A recent, widely-reported decision by Turkey's Court of Cassation deals with exactly this scenario: after his wife passed away, a grandfather transferred his land to his grandson in exchange for lifelong care — but the grandson didn't cook for him, and didn't even visit on holidays.

In this guide, we explain what a lifelong care contract is, its requirements, and this landmark decision, question by question.

What Is a Lifelong Care Contract?

A lifelong care contract is an agreement under which one person (the care creditor) commits to transferring their assets, or a specific asset, to another person (the care debtor) in exchange for that person caring for and looking after them until death.

It's a bilateral contract involving reciprocal obligations — which is what distinguishes it from a one-sided gift.

What Is the Legal Basis for This Contract?

A lifelong care contract is governed by Article 611 and the following articles of the Turkish Code of Obligations.

Can This Contract Be Made Verbally?

No.

Under Article 612 of the Code of Obligations, a lifelong care contract must be made in the form of an inheritance contract — that is, in the form of an official will.

The parties must declare their intent to an official (a notary or civil judge of peace) at the same time, and sign the contract in the presence of that official and two witnesses.

Is the Contract Valid If This Formal Requirement Isn't Met?

No.

It is not legally possible to seek cancellation of a title deed based on a lifelong care contract that wasn't executed in the official form.

In other words, a verbal agreement along the lines of “take care of me and I'll leave this to you” does not create a legally binding lifelong care contract.

Is There an Exception to This Formal Requirement?

Yes, a limited one.

Under Article 612/2, a written form may suffice for contracts made by a state-recognized care institution, in accordance with conditions set by the competent authorities.

However, this exception does not apply to ordinary contracts between individuals.

What Exactly Does the Care Obligation Cover?

Unless otherwise agreed, the care debtor's obligation is interpreted broadly.

It covers taking the care creditor into the family home, providing food and clothing, arranging medical treatment when ill, and providing emotional support as well.

The Landmark Decision: Grandson Who Didn't Care for His Grandfather Loses the Land

In the case at hand, a grandfather who had lost his wife transferred his land to his grandson in exchange for lifelong care.

But the grandson failed to fulfill his obligations under the contract — he didn't look after his grandfather and didn't even visit him on holidays.

The grandfather filed a lawsuit seeking cancellation of the title deed.

The trial court ruled in his favor.

On appeal, the Regional Court of Appeals reversed the decision in favor of the grandson.

When the dispute reached the Court of Cassation, its General Assembly of Civil Chambers stepped in and ruled in favor of the grandfather, ordering the cancellation of the title deed.

Under What Conditions Can a Title-Cancellation Lawsuit Be Filed?

If the care debtor fails to fulfill their obligations under the contract, the care creditor (or their heirs) can seek to have the contract terminated and the transferred asset returned.

In such a case, the court assesses — based on concrete evidence — whether the care debtor genuinely fulfilled their care obligations.

Can the Care Creditor Unilaterally Terminate the Contract?

As a rule, unilateral termination without just cause is not possible.

However, a serious breach of the care debtor's obligations can constitute just cause for termination and cancellation of the title deed — exactly as in the landmark decision above.

Can Other Heirs Object to This Contract?

Because a lifelong care contract involves reciprocal obligations, it is not, as a rule, treated as a gift and is not directly subject to an abatement lawsuit.

However, if there is a clear and excessive disproportion between the value of the transferred asset and the care actually provided, other heirs may argue that the contract in fact disguises a gift and pursue legal remedies on that basis.

Such a claim must be assessed based on the specific evidence of the case.

What Happens If the Care Debtor Dies First?

Unless otherwise agreed in the contract, the care obligation does not pass to the care debtor's heirs upon their death; in that case, the fate of the contract is assessed based on the specific circumstances.

What Not to Do

Relying on a verbal agreement

A verbal arrangement like “take care of me and I'll leave this to you” does not create a legally binding lifelong care contract.

Skipping the official formal requirement

Contracts not executed before a notary or civil judge of peace, in the form of an inheritance contract (official will), are invalid.

Letting time pass without documenting a breach

Witness statements, correspondence, and other evidence showing the care obligation wasn't met should be gathered in a timely manner.

Quick Checklist

1. Have the contract executed before a notary or civil judge of peace, in the form of an official will.

2. Spell out the scope of the care obligation as clearly as possible.

3. If you believe the obligation isn't being met, gather your evidence (witnesses, correspondence, medical records).

4. Consult a lawyer about seeking termination and cancellation of the title deed.

Frequently Asked Questions

Is a lifelong care contract the same as a will?

No. A will is a one-sided testamentary disposition, while a lifelong care contract is a bilateral agreement signed jointly by both parties, involving reciprocal obligations.

I verbally told my grandchild I'd leave them my house in exchange for care — is that binding?

No. Agreements not executed in the required official form (as an official will) do not legally constitute a lifelong care contract.

What if the care debtor provides care for a while and then stops?

The care creditor can prove the obligations weren't fulfilled and seek termination of the contract along with return of the transferred asset.

How is this proven in court?

Evidence such as witness statements, testimony from neighbors and relatives, medical records, and correspondence is evaluated by the court.

Conclusion

A lifelong care contract is a commonly used arrangement, especially when an elderly family member's care is entrusted to a relative — but it's a contract type that requires careful preparation regarding both its formal requirements and the burden of proof.

Whether you're drafting such a contract or believe its obligations aren't being fulfilled, we strongly recommend consulting a lawyer to protect your rights.

Atalya Hukuk Bürosu provides legal counsel and litigation support in Antalya for lifelong care contracts and title-cancellation lawsuits within inheritance law.

This article is for general informational purposes only and does not constitute legal advice. Please consult a lawyer for an assessment specific to your situation.

Sources

• Turkish Code of Obligations No. 6098, Arts. 611-619
• Turkish Civil Code No. 4721, Art. 545
• 2026 landmark decision of the Court of Cassation's General Assembly of Civil Chambers on lifelong care contracts