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testamentary

Also called: waris berdasarkan wasiat

Distribution of inheritance that follows the contents of the testator's will.

What it means

Testamentary inheritance is the distribution of an estate based on the testator's will. This term is also called inheritance based on a will. The will determines who receives what, as long as it does not violate the absolute portion of certain heirs.

Why it matters for families

A will gives flexibility to arrange assets according to one's wishes, but there are still limits. If misunderstood, the testator may think a will is entirely free and ignore the protected rights of heirs. As a result, the will risks being contested after the testator dies.

Example

For example, a mother makes a will so that her grandchild receives education savings. As long as the absolute portion of her children is not violated, the will can be carried out. The family needs to keep the will in a safe place and inform the heirs.

Common misunderstanding

There is an assumption that a will only applies if it is validated by a court. The correction is that a will made in accordance with a valid legal form can serve as the basis for distribution, even though its validity may later be tested.

Related terms

  • intestate inheritanceDistribution of inheritance under the law when no will governs it.
  • bagian mutlakAn inheritance share that a will may not violate for certain heirs.
  • public willA will made before a notary and recorded in an official deed.
  • ahli warisA person entitled to receive property from the deceased under law or a will.

Definitions in this glossary are educational. For documents that are legally or financially binding, confirm with the party that issued them.

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