Category: Notary Services, Estate Planning 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. Will or testament is important because it provides information about the property left by the owner when they die. Furthermore, the person who made it can revoke the will. The will is executed after the testator dies.
With this service, we provide advice and guidance on legitieme portie and will drafting and assist with the administrative process.
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 testator created the will while they are still alive, but implemented it when they die.
From this definition, several elements of will are:
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.
Four said groups of heir are, namely:
There are 2 types of wills: inheritance strategy wills (erfstelling) and will grants (legal).
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.
Based on the Civil Code, wills can be divided into 3, namely:
When making a will, the testator must consider some things:
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:
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 list the assets included in the will in advance 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.
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 intended heirs can receive their parent’s property.
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.
The documents you must prepare are:
Only one person can make a will. If a husband and wife want to make a will, they have to create two.
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.
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