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wasiat

Also called: surat wasiat

A person's statement of wishes regarding their property that takes effect after they die.

What it means

A will (wasiat) is a person's statement of wishes about what will happen to their property after they die. In Indonesia, wills are governed by civil law and Islamic inheritance law, and are usually made in the form of a deed. A will differs from a division of inheritance carried out during one's lifetime, because it only takes effect after the maker dies. Its contents may be the designation of a particular recipient of property or the appointment of an executor.

Why it matters for families

A will determines who receives the property and how it is divided, so it can prevent disputes among heirs. If a will is made in a form that is not legally valid, for example only orally without witnesses, it may be considered invalid and the division reverts to general inheritance rules. The family needs to know the contents of the will early so there are no surprises that trigger conflict.

Example

For example, a father wants his house to go to the youngest child who cared for him, while the other children receive other portions. He makes a will before a notary with witnesses. Without that document, the division could be considered equal and trigger a dispute.

Common misunderstanding

Many people think a will can override the shares of heirs already determined by law. In fact, a will is still limited by the provisions on mandatory inheritance shares that must be fulfilled.

Related terms

  • akta notarisAn official document made by a notary that has strong evidentiary force.
  • notarisA public official authorized to create authentic deeds for certain legal acts.
  • surat kuasaA document that gives another person the authority to act on behalf of the grantor.
  • financial power of attorneyA document that authorizes a family member to manage accounts or transactions.

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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