WILLS OR TESTAMENTS

Category: Conveyancing Services
Written by Riska Destriyanti on 25/10/2022
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

Will or testament is a statement from someone about what will happen after they die, and a will can be revoked by the person who made it. Will or testament is important because it provides information about the property left by the owner when they die. Will can be executed after the testator dies.

WHAT IS A TESTAMENT

According to Article 875 of the Civil Code, a will is a deed that contains a person’s statement about what they want to happen after they die and by which it can be revoked. The will is granted when the testator is still alive, but the implementation is carried out when the testator dies.

From this definition, several elements regarding wills can be drawn, namely:

  1. Applicable after the testator dies;
  2. Done free of charge and unilateral action;
  3. Personal nature;
  4. Can be revoked; and
  5. Made in the form of a deed.

Parents often make a will to distribute their property to their heirs. This action is important because it clarifies the property left by the owner when he dies and prevents disputes between heirs.

The heirs are divided into four major groups, namely:

  1. Group I:
    Husband/wife of the deceased and their children/offspring (Article 852 of the Civil Code);

  2. Group II:
    Parents and siblings of the deceased;

  3. Group III:
    Families in a straight line up after the father and mother of the deceased; and

  4. Group IV:
    Uncles and aunts of the deceased from both the father and mother side, descendants of uncles and aunts up to the sixth degree are counted from the heirs.

There are 2 types of wills: inheritance strategy wills (erfstelling) and will grants (legal).

  1. Inheritance Strategy Wills
    The testator gives his property as a share (in whole, half, or one-third). The testator does not specify what objects or items he will give to the inheritor.

  2. Will Grants
    Leases are a special stipulation of a will. The person who bequeaths gives the beneficiary some of their goods of a certain type.

SUBSCRIBE TO OUR NEWSLETTER

SUBSCRIBE TO OUR NEWSLETTER

WHY DO YOU NEED A TESTAMENT?

The purpose of making a will is so that there is no quarrel between heirs who take over their parents’ inheritance. Currently, there are many divisions between families based on the division of inheritance belonging to their parents. Many parents make wills in the hope that by making this will, their heirs can inherit fairly and there is no discrimination.

TYPES OF TESTAMENT

Based on the Civil Code, wills can be divided into 3, namely:

  1. Olographic Will

    This form of will is made and signed by the testator. Once made, this will can be submitted privately or openly, which is then stored in the Notary's office in the presence of two witnesses. If this will is submitted in private, then the explanation of the will is written in a separate paper. However, when done openly, the description of the deed of custody will be explained in the letter. This letter can also be requested again from a Notary using an authentic deed with the consequence that the letter is deemed to have been revoked.

  2. Secret Will

    This form of will is written alone or with the help of another person. The will is then submitted in private to a Notary. The Notary will then make a deed of delivery in the presence of four witnesses. The testator must also provide a statement that the letter was written by themself or another person and they have signed it.

  3. Open Will

    This form of will is made by signing a notary to express his will in the presence of 2 witnesses. After the will is made, the Notary and witnesses must sign it. In practice, this letter is more often used because a Notary can supervise the contents of the letter, and therefore advice can be given in its preparation.

THINGS TO KNOW WHEN MAKING A TESTAMENT

In making a will, some things need to be considered by the testator, namely:

  1. A will may not be made by two or more persons in the same deed;
  2. It is forbidden to give inheritance to a person who killed the testator, a person who has embezzled, falsified, or destroyed a will, or a person who forced the testator to change or amend his will;
  3. It is not permissible to give a will for the benefit of the guardian;
  4. It is not permissible to give a will to a married couple without permission; and
  5. It is not allowed to give an inheritance to the heir's adulterous friend.

In addition, the will must also pay attention to the heirs’ absolute portion (legitieme portie). The heirs who have an absolute share (legitieme portie) are called legitimaries. The will must not violate the absolute part of the legitimaries.
Absolute portion (legitieme portie), according to the law, is the part that must be given to the heirs in a straight line according to the law, against which the person who dies may not determine something, either as a gift between people who are still alive or as a will.

In making a will, we must also meet the following requirements:

  1. Legal Age
    When a testator wants to make a will, it must be ensured that they have reached the age of consent to make a will and can carry out legal actions.

  2. Mentally Competent
    The testator must be mentally competent and write the letter consciously without coercion from other parties. In addition, the testator must be mentally stable and not under the influence of drugs, oversight, and doubt.

  3. Clearly States the Inheritance
    The testator must provide details about the inheritance in the will. This step is necessary if the will is written without the assistance of a notary. By clearly writing the object of this property, it makes it easier for the heirs to carry out the provisions in the will and to avoid the risk of irresponsible parties.

  4. Verified by the Notary
    Although this step is optional, having a Notary verify the will is recommended. By verifying the will to the Notary, it helps the will to be executed appropriately.

HOW TO MAKE A TESTAMENT?

Before the testator makes a will, the testator must fulfill formal and material requirements such as being an adult, sensible, competent, and able to carry out legal actions.
To make a will, the testator can come to the Notary’s office or his legal consultant and notify him of his desire to make a will. The testator can make a list of assets in advance that will be included in the will and appoint an executor of the will.

After that, the Notary will write down the will of the testator in clear words, and the Notary will formulate it in a sentence and read it directly in front of the testator and witnesses. The procedure of making a will varies, depending on the type of will, following the wishes of the parties concerned.

SUBSCRIBE TO OUR NEWSLETTER

SUBSCRIBE TO OUR NEWSLETTER

HOW CAN WE HELP

In Indonesia, wills are not considered taboo. Many people in their productive age want to make wills for their heirs to ensure that their assets are divided fairly and do not end in disputes. With the existence of a will, the parent’s property can be directly given to the intended heirs.

Making a will is one of the services Putranto Alliance can provide. We have legal consultants who can advise you on the will you need. You can contact us if you have any questions regarding a will or other matters relating to a will.

FAQs

The documents you must prepare are:

  1. ID Card
  2. Family Card
  3. List of Assets
  4. ID Card of the executor of the will

A will can only be made by one person. If a husband and wife want to make a will, then two wills will be made.

There is no period or special requirement for the revocation of wills. A will can be revoked and amended at any time by the testator.

Thank you for sharing

CONTACT US

Keep in touch

Subscribe to our newsletter

Connect With Us

Subscribe to our newsletter to get the latest information about the laws & regulations in Indonesia.