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Why You Need a Last Will in Indonesia? Here's Why!

Monday, 07 May 2018
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Last will in Indonesia is an important document, especially if you're married to an Indonesian citizen, or if your marriage was registered under the laws of the Republic of Indonesia. You need to sign an open testament if you want your property distributed according to your last will. 

I have been writing several last wills for our clients this weeks. We have been digging some laws and also court precedence. If you were married to an Indonesian citizen, or if your marriage was registered or performed in Indonesia,  it is advisable for you to get a last will. It is useful  in order to protect the property ioutside of Indonesia free from claims from the Indonesian side. It can be either the Indonesian surviving spouse, Indonesian laws and court precedence, or family members that may encourage the surviving spouse. Inheritance law in Indonesia is very open and may be mirrored by the court overseas. Therefore, having a last will may ease the distribution of the assets to the designated beneficiary(ies), and to prevent the unwanted parties making claims against your assets, after you’re gone.

Distribution of a last will is called probate. It can only be executed upon meeting two general principles, as follows:

  1. Death to the Testator. 
  2. Blood relationship between the heirs and the testator. 

The Heirs

The heirs are persons that entitles to receive inheritance from the testamentor. There are two most common reasons why a person can be an heir. First, you must have a blood relationship. Second, you can be an heir if you’re married to the testator. 

Reasons to Sign a Last Will

Of course, you need reasons why you need to sign your last will in Indonesia. The following are the legal facts that a last will is an important legal instrument for you:

  1. The inheritance legal system in Indonesia consists of three (3) different laws i.e. Inheritance under Civil Law, Inheritance under Customs Law, and Inheritance under Islamic Law. It means inheritance laws for the people here is divided according to their identities. If you're a Moslem you go with the Islamic Law, if you're a Non Moslem you go with the Civil Law, and if you're a person with strong ties to your local community with customsary laws, then you may go with customs law for your inheritance matters;
  2. The legal systems are open. It means, even if you are a Moslem, you may use Civil Code for your inheritance matters. If you’re a Non Moslem, you can use Customary Law to distribute your asset after you’re gone. So, the choice is open, but when you made one choice, you must follow the rules, and the beneficiaries must go with it. They must respect the Testator’s last will and his/her choice of legal forum;
  3. If you’re married in Islamic Law, the heirs in layer one are not only the children born into their marriage, and the surviving spouse; but also other family members such as parents, siblings, etc. The more the marrier. But it’s the last thing you need. You better get a last will to prevent unnecessary drama happens in the grieving situation.

There you go. You have more than enough reasons to sign a last will.

My name is Asep Wijaya. Thank you fo reading my posts. 

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