Have you ever wondered what would happen to your assets if you were no longer around? I have, and it’s a question that often lingers in the back of our minds, especially as we grow older or start a family.
In Indonesia, the answer to this question is not as straightforward as you might think. If you don’t leave a last will, your estate will be distributed according to the rules of intestacy, meaning the government decides who gets what, based on existing laws. But what if you could take control of your legacy?
Let’s explore together what you and I stand to gain by removing intestacy through the creation of a last will, with a quick look at the legal grounds that shape inheritance in Indonesia.
Understanding Intestacy: When the Law Decides
Intestacy occurs when someone passes away without leaving a valid will. In Indonesia, the distribution of assets in such cases is governed by several legal frameworks, depending on your background and religion. The main legal sources are the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or KUHPer), the 1974 Marriage Law (Undang-Undang No. 1 Tahun 1974 tentang Perkawinan), and the Islamic Compilation Law (Kompilasi Hukum Islam or KHI) for Muslims.
If you’re like me, you might find it unsettling to think that your hard-earned assets could be distributed in a way that doesn’t reflect your wishes. The law tries to be fair, but it can’t possibly know the unique circumstances of your family or your personal intentions.
The Civil Code: Default Rules for Inheritance
Let’s start with the Civil Code, which applies to most Indonesians of non-Muslim backgrounds. According to Articles 830–1130 of the Civil Code, inheritance is passed on to heirs by law (ab intestato) or by will (testamentair). If you die intestate (without a will), your estate is divided among your legal heirs in a fixed order: spouse, children, parents, siblings, and so on.
While this might sound reasonable, it doesn’t always fit the complexities of modern families. What if you want to leave something to a close friend, a stepchild, or a charity? The Civil Code’s rigid structure doesn’t allow for much flexibility. By making a last will, you and I can override these default rules and ensure our assets go exactly where we want them to.
The 1974 Marriage Law: Protecting Spouses and Children
The 1974 Marriage Law also plays a significant role in inheritance matters, especially regarding marital property. Article 35 of the Marriage Law states that property acquired during marriage becomes joint property, while property acquired before marriage or as a gift/inheritance remains separate.
Without a will, the division of joint property upon death can become complicated, especially if there are children from different marriages or blended families. By drafting a last will, you can clarify your intentions, reduce potential disputes, and protect the interests of your loved ones. We can specify how joint and separate property should be divided, ensuring fairness and harmony among your heirs.
Islamic Compilation Law: Following Religious Principles
For Muslims in Indonesia, inheritance is governed by the Islamic Compilation Law (KHI), which is based on Islamic principles. The KHI outlines specific shares for heirs, such as children, spouses, and parents, in accordance with Islamic law (Faraid).
However, even within this framework, there is room for personal wishes. Article 195 of the KHI allows a Muslim to make a will (Wasiat) for up to one-third of their estate to non-heirs or for charitable purposes. By making a will, you can express our values, support causes we care about, or provide for individuals who might not be recognized as heirs under Islamic law.
What You Gain by Removing Intestacy
Now that we’ve looked at the legal background, let’s talk about the real benefits of removing intestacy by making a last will.
1. Control Over Your Legacy
The most obvious gain is control. You get to decide who receives your assets, in what proportions, and under what conditions. Whether it’s providing for a beloved niece, supporting a charity, or ensuring a family heirloom stays in the family, a will gives us the power to shape your legacy.
2. Preventing Family Disputes
Inheritance disputes are sadly common, and they can tear families apart. By clearly stating your wishes in a will, you reduce ambiguity and the risk of conflict among your heirs. The law is clear, but it’s not always personal. A will speaks with your voice, leaving less room for misunderstanding.
3. Protecting Vulnerable Loved Ones
Maybe you have a child with special needs, an elderly parent, or a dependent who isn’t a legal heir. With a will, you can make special provisions for those who need extra care, ensuring they are not left out or disadvantaged by the default rules.
4. Supporting Charitable Causes
If you’re passionate about a cause, a will allows you to leave a lasting impact. The Civil Code and KHI both permit bequests to charities or non-heirs, within certain limits. This is a wonderful way for you to give back to your communities and make a difference beyond your lifetimes.
5. Simplifying the Legal Process
Dying intestate often leads to lengthy and costly legal proceedings, as the court must determine heirs and divide assets according to the law. A well-drafted will streamlines this process, saving time, money, and stress for your loved ones.
6. Adapting to Modern Realities
Families today are more diverse than ever. Blended families, stepchildren, unmarried partners, and adopted children may not be fully recognized under intestacy laws. By making a will, you can ensure that everyone we care about is included, regardless of their legal status.
Conclusion: Your Legacy, Your Choice
In the end, removing intestacy by making a last will is about taking responsibility for your legacy. The Civil Code, 1974 Marriage Law, and Islamic Compilation Law provide important legal frameworks, but they can’t capture the full richness of your life and relationships. By making a will, you gain peace of mind, knowing that your wishes will be respected and your loved ones cared for.
So, let’s not leave your futures to chance or to the rigid rules of intestacy. Let’s take control, make your wishes known, and leave a legacy that truly reflects who you are and what you value. After all, it’s your story to write.
My name is Asep Wijaya. Thank you for reading my posts!