Indonesia has three inheritance legal system: Western Law, Islamic Law and Custom Law (Hukum Adat). Each system has its own complexities. Legitieme portie in the western inheritance law enforces the minimum amount of inheritance that an heir receives (force heirship rule). Furthermore, the clawback rule may force gifts to be revoked, recalculated, and reclassified as inheritance assets. Things get very complicated if the Testator had multiple marriages (and children) with different religions, ethnicity, or nationality. These situations must be taken into account when drafting a will.
Drawn up wills and further amendments should also be registered at the Balai Peninggalan Harta (BPH) to ensure that they are executable in the future according to the Testator’s wishes. We provide advice and guidance on legitieme portie and will drafting and assist with the administrative proceess. Our team of associates can also help with estate planning so that you can preserve the legacy you envision for your heirs.
Indonesian law recognizes that upon the union of a man and woman, they become an entity. All assets and liabilities obtained during the course of the marriage belong equally to both parties. In a mixed marriage between an Indonesian and a foreigner, this can cause a problem when acquiring Indonesian properties. The union will deem the Indonesian to be of foreign status and foreign restrictions on property ownership will apply.
Marriage agreements are prepared so that a couple can determine the division of property and assets gained throughout the course of the marriage. These agreements determine who gets what in the event of a divorce, or the terms for alimony rights. At Putranto Alliance, we assist you in drafting these agreements, make changes to previous agreements, and register them at the relevant authorities. We ensure proper administrative processes so that these agreements are enforcable in the future.