Court Decree No.: 167/Pdt.G/2023/PN.Jkt.Utr
This case examines the legal complications arising from a contested will, where the deceased, A, had dual marriages: one under Hukum Adat with B, and another under Hukum Islam with C.
A’s will left all assets to the child from his marriage to C, which was challenged by the heirs from his marriage to B. Representing the Notary who drafted the will, we successfully defended the case, with the court ultimately dismissing the plaintiff’s claims as Niet Ontvankelijke Verklaard (inadmissible).
A married B under Hukum Adat and fathered two children, while secretly marrying C under Hukum Islam and having one child. Upon A’s death, his will surfaced, which allocated all assets to the child with C.
B and her children challenged the will, claiming their rights as heirs.
Marital Recognition
The validity of A’s marriage to C, given his prior marriage to B.
Inheritance Rights
Determining who legally inherits A’s estate, especially with children from marriages under different legal frameworks.
Will’s Validit
Whether the will, which allocated assets exclusively to the child of C, was enforceable.
Are the claims from B and her children valid in challenging A’s will, or does the will stand as drafted by the Notary?
Marital Recognition
Hukum Islam marriages are legally binding when registered. A’s marriage to C was valid and registered, thus granting C’s child legal standing as an heir.
Inheritance Rights
Indonesian law ensures all children, regardless of marriage type, have potential inheritance rights unless a valid will stipulates otherwise.
Will’s Validity
The will met all legal formalities and requirements, making it a legally binding document. No evidence invalidated its provisions.
The plaintiffs’ claims were dismissed because the will was valid under Indonesian law, and A had the right to allocate his assets.
While Hukum Adat marriages may lack formal registration, A’s marriage to C under Hukum Islam was registered, providing stronger legal recognition.
The court ruled B and her children’s claims Niet Ontvankelijke Verklaard (inadmissible).
Ensuring asset distribution aligns with personal wishes and legal compliance is crucial for families with complex relationships. Key recommendations include:
Seek Legal Guidance
Work with experienced legal professionals when drafting a will, especially if multiple marriages or family arrangements exist. This helps prevent costly disputes.
Clarify Marital Status and Heir Designations
Transparent documentation of marital status and heir designations protects the assets and avoids future claims that could disrupt business or wealth management.
Regularly Update Wills and Financial Documents
As life circumstances evolve, regularly updating the will ensures it remains enforceable and aligned with the current intentions, safeguarding against potential legal challenges.
If you have questions or encounter a similar case, feel free to contact us for consultation at putranto@putranto-alliance.com or by filling out the form below.
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