Have you ever wondered what would happen to your belongings, property, or even your favorite family heirloom if you were no longer around?
It’s not the most cheerful topic, I know, but it’s an important one. You want to make sure that your loved ones are taken care of, and that your wishes are respected. But what if we never get around to writing a last will? What happens then?
Let’s talk about the trouble of having no last will, what the law calls “intestacy,” and why it’s something you should both pay attention to.
What is Intestacy?
Intestacy is a legal term that simply means dying without a valid last will and testament. When this happens, your estate, everything you own, will be distributed according to the default rules set by law, not according to your personal wishes.
In Indonesia, these rules are found in several legal sources, including the Civil Code, the 1974 Marriage Law, and the Islamic Compilation Law for Muslims.
Why Should You Care?
You might think, “Well, I don’t have much, so why bother?”
But even if you have just a little, intestacy can create confusion, conflict, and even heartbreak among your loved ones. Without a will, you lose control over who gets what. The law steps in and decides for you, and sometimes, the results can be surprising. or even unfair.
Let’s walk through some of the main legal grounds and see how they affect you and me.
The Civil Code: Who Gets What?
If you are not a Muslim, the Civil Code is the main law that applies to your inheritance. The Civil Code divides heirs into several classes, and the order matters a lot. Here’s a simplified version:
- First Class: Children and spouse.
- Second Class: Parents and siblings.
- Third Class: Grandparents.
- Fourth Class: Other relatives.
If you die without a will, your estate will be divided among your heirs according to these classes. For example, if you have a spouse and children, they will share your estate. If you have no children, your spouse shares with your parents or siblings.
But here’s the catch: the Civil Code doesn’t always reflect modern family situations. What if you have stepchildren you love as your own? Or what if you want to leave something to a close friend or a charity? Without a will, these wishes won’t be honored.
Example
Let’s say you have a spouse and two children. According to Article 852 of the Civil Code, your spouse and children will inherit in equal shares. But if you wanted to leave a special gift to your best friend, or make sure your spouse gets the family home, you’d need a will. Otherwise, the law’s default rules apply.
The 1974 Marriage Law: Protecting Spouses and Children
The 1974 Marriage Law also plays a role in inheritance, especially regarding marital property. According to Article 35, property acquired during marriage is considered joint property, unless otherwise specified. This means that when one spouse dies, half of the joint property automatically belongs to the surviving spouse, and only the other half is distributed as inheritance.
This law is meant to protect the surviving spouse, but it can also create complications if there’s no will. For example, if you and your spouse own a house together, and you pass away, your spouse gets half, and the other half is divided among your children. If your children are still minors, their share may be managed by a guardian, which can make things complicated for your spouse.
Islamic Compilation Law: The Faraid System
If you are a Muslim, the Islamic Compilation Law (KHI) applies. The KHI is based on Islamic inheritance law, or Faraid, which has its own set of rules. Under KHI, heirs are divided into specific categories, and each category gets a fixed share.
For example, according to Article 176 of the KHI, a son gets twice the share of a daughter. The spouse, parents, and children are all entitled to specific portions. If you die without a will, your estate will be divided strictly according to these shares.
But what if you want to give something extra to a daughter, or to a relative who isn’t an heir under Islamic law? You can do this through a will (wasiyat), but only up to one-third of your estate, and only if the beneficiary is not a legal heir (Article 195 KHI). Without a will, your wishes can’t be carried out.
The Problems of Intestacy
So, what’s the big deal about intestacy? Here are some of the troubles you might face:
1. Family Disputes
Without clear instructions, family members may argue over who gets what. This can lead to long, expensive court battles, and sometimes, relationships are damaged beyond repair.
2. Delays and Costs
The process of distributing an estate without a will is often slower and more complicated. The court may need to appoint an administrator, and legal fees can eat into the estate.
3. Unintended Beneficiaries
The law’s default rules may give your property to people you didn’t intend. Maybe you wanted to help a friend, a stepchild, or a charity, but without a will, they get nothing.
4. Minor Children
If you have young children, intestacy means the court will decide who manages their inheritance. You lose the chance to appoint a trusted guardian.
What Should You Do?
The solution is simple: call Wijaya & Co., and make a will! It doesn’t have to be complicated or expensive. By making a will, you and I can:
- Decide who gets what.
- Appoint guardians for your children.
- Make special gifts to friends, relatives, or charities.
- Reduce the risk of family disputes.
Conclusion
You and I both want to leave a legacy of love and care, not confusion and conflict. The trouble of having no last will, intestacy, is that you lose control, and your loved ones may suffer as a result. By understanding the legal grounds, the Civil Code, the 1974 Marriage Law, and the Islamic Compilation Law, we can see how important it is to make our wishes clear.
So, let’s take that step: contact Wijaya & Co., and let’s make a will, and give ourselves and our families the peace of mind we all deserve.
My name is Asep Wijaya. Thank you for reading my posts!