How to Get a Last Will in Indonesia to Actually Tell Your Heirs about What You Really Want

Wijaya
Wednesday, 26 July 2023 11:31
216

Introduction

A last will is an important legal instrument when it comes to estate planning. It ensures the distribution of your assets. It also honors the wishes of the testator after their death. Last will in Indonesia serves a crucial purpose. Its legal strength cannot be downplayed. Last will in Indonesia serves as strong protection and clarity to the testator, their family members, and loved ones. Distribution of assets among beneficiaries systematically provided as a legal framework by a last will in Indonesia. The last will outline who gets what. It identifies the individuals that will receive inheritance. The ones that inherit specific assets, such as financial assets, property or other belongings. This situation requires a testamentary plan. The assets division process will not be concluded smoothly. It can be a complicated process without a last will in place. Potential disputes may arise, and families will face disagreement. This is the last thing you want.

As a testator, you must have intentions. Your last will serves as your own testament. The last will clearly certify the distribution course of your assets. It completely gets rid of multi-interpretation. Your intention will not be wrongly interpreted. Unwanted influence can be avoided. Lastly, you Last Will can assure that your assets are distributed according to your wishes. There is no way that intestacy will exist after you’re gone. Intestacy is the situation when you die, and there's no Last Will in place. 

You should prepare your own last will and make sure your loved ones feel safe with stability. You need to make sure that your inheritance is distributed as per your intentions. Therefore, a last will in Indonesia is crucial for you. It cannot be overlooked. Your last will can safeguard your financial inheritance. It fosters long term harmony in your family you left behind. You need to make sure your loved ones get what they deserve according to your last will. 

Let me explain further. Please stay on this post!

Why Do You Need to Have a Last Will?

Last will, according to the context of the legal system in Indonesia, provides importance for you in terms of personal and business interests. Your last will can help your future. It should be considered as your plan to ensure that your wishes are honored, and your property as well as assets are distributed according to your intentions. 

When it comes to your personal affairs, your last will can give you peace of mind. It can make sure that your family is taken care of. This legal document allows you to express who you want to be the beneficiary of your assets after you’re gone. Furthermore, your last will can eliminate any possible conflicts and disputes among your family members. It will take care of your assets distribution to your loved ones. Your last will can help you with a smooth transition of your wealth. 

In the field of business affairs, your last will can help your business to operate smoothly. The last will in Indonesia can facilitate smooth transfer of power in your company. Therefore, it safeguards your company interests and its employees. You can also consider the last will for your business in preserving the continuity and integrity of your company. You can state in your last will the nominated individuals that will take over the roles and responsibilities after you’re gone. 

All of these can happen thanks to Indonesia's Civil Code. The stipulation in this law is governing  your property distribution and successor's appointment for your business. Therefore, individuals and business owners in Indonesia are recommended to create a last will in Indonesia. 

How Do You Do It?

Your last will must be prepared by legal experts like lawyers at Wijaya & Co. Our lawyers can make sure that your Last Will comply with the rules and regulations imposed by the Civil Code. As a testator, you should sign your last will witnessed  by two adult witnesses. They also must sign your last will document in order to ascertain its authenticity. 

The last will you sign becomes legally binding upon your death. Nevertheless, your family members can contest it in court. They will argue that your capacity is not mentally fit. They will say that you were undue influence when you signed the last will. They may argue in the court that you are under duress when you create the testament.

Therefore, you need to make sure you have a valid and legally binding last will. You need to make sure the enforceability of your last will in Indonesia. It depends on the compliance with the legal grounds and therefore avoid any evidence that suggest invalidity of your last will. Therefore, you need to make sure that you consult legal experts highly experienced in family laws in Indonesia. Wijaya & Co can help you in drafting your last will that holds substantial legal validity and enforceability. 

Legal Grounds for Last Will in Indonesia

There are two legal grounds in Indonesia regarding last will and testaments. 

Firstly, the Indonesia’s Civil Code that provides general rules and regulation for last wills in Indonesia. The Civil Code comes-up with prerequisites for your last will. It must be done in writing and signed by you as a testator. You need to sign it in front of two witnesses. Civil Code also imposed the requirements regarding the capacity required from you as a testator when making a valid last will. 

Secondly, the Basic Agrarian Law that was enacted in 1960 to further expand legal grounds for Last Wills. This law specifically discusses property and estates as assets. 

Navigating the legal system of Indonesia can be a daunting experience. Therefore, seeking progressional legal advice is highly recommended. Lawyers at Wijaya & Co can help you to assure that your Last Will is drafted and executed according to the prevailing laws and regulation in Indonesia. 

What If You Die without a Last Will?

if you did not have any last will, often referred to as intestacy, the court will distribute your assets according to applicable inheritance laws in Indonesia. The distribution of your assets without your last will is called intestate distribution. This situation may not be according to your intention. This condition also creates ambiguity to your loved ones. 

If you die without a Last Will, your assets will be distributed according to the intestacy rules in Civil Code. The appointment of your successors is also subject to Civil Code’s ruling. This may not be according to your personal preferences, and business interests. This is the last thing you want. 

 

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Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us!

Wijaya

My name is Asep Wijaya. I am an attorney. This article is about my works in the field of law I have been doing regarding legal issues in international civil law in Indonesia. You may use my articles without permission as long as you mention my name, the article tile, and our website address.

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