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In Tangerang, and generally in Indonesia, Will and Testament law takes root from the Indonesian Civil Code, which is influenced by the Dutch civil code due to historical reasons. The law permits residents to designate their assets and properties to their preferred recipients after their death. However, there are restrictions especially on inheritance for non-Muslim mixed marriages and non-Indonesian citizens. It's crucial to get professional help to navigate the complexities of the law.
Though you're allowed to draft your will independently, a lawyer can help you to avoid possible pitfalls and complications. Situations that may require a lawyer's intervention include complex family situations, significant or complex assets/investments, owning property outside the country, or when dealing with large sums of money or complex estates. Ensuring your will is legally abiding can save your loved ones from stress and potentially costly legal issues later.
In Tangerang, the laws regarding the Will & Testament are profoundly influenced by religions. For instance, Muslim laws apply exclusively to Muslims and do not allow testate succession. This is in contrast to non-Muslim Indonesian citizens who can declare a Will & Testament. Inheritance laws dictate that foreign spouses can't acquire land unless provisioned in a prenuptial agreement. Hence, it is critical to consider all these factors when drafting a will.
Yes, but it's advisable to seek professional help due to the legal complexities involved. To be valid, a will must be witnessed and signed in accordance with Indonesian law.
If a person dies intestate (without a will), the Indonesia Civil Code determines how the estate will be distributed amongst the legal heirs, which may not align with your wishes.
Foreigners are not allowed to hold a freehold title for property in Indonesia. However, they can inherit a leasehold or be a beneficiary of a testament in the form of a lease agreement.
Indonesia does not impose a specific inheritance or gift tax. However, any heir who sells an inherited asset is subject to income tax.
Yes, wills can be contested. Common grounds include allegations of undue influence, fraud, or that the testator was not of sound mind when the will was created.
The Ministry of Law and Human Rights in Indonesia has resources available for the public. Legal institutions like LBH Jakarta and Peradi (Indonesia Advocate Association) also provide useful resources. Websites such as HukumOnline provide English content on Indonesian law.
If you need legal assistance, it is crucial to consult with a local attorney who is specialized in Will & Testament law. They can help clarify any issues, insure that your will is legally compliant, and align with your intentions.
