Can a Will Be Contested? Find Out Here!

When a deceased person's estate is left behind, the heirs are often faced with various issues, including disputes over the division of the inheritance. With a valid and fair will in place, the deceased can ensure that the rights of every heir are protected. But can a will be contested? Read on for an explanation!

Understanding a Will

Beyond serving as a person's final wishes after death, a will carries legal force. Article 875 of the Indonesian Civil Code (KUHPerdata) states that a will is a written statement of a person's wishes after their death. This document can be amended or revoked at any time, as long as the testator is still alive.

Under Article 897 of the KUHPerdata, only those who are at least 18 years old and legally competent have the right to make a will. Generally, a will is drawn up to avoid disputes among heirs. The will only takes effect after the testator passes away.

Article 931 of the KUHPerdata divides wills into three types:

1. Holographic Will: Handwritten and deposited with a notary.
2. Public Will: Made before a notary and two witnesses.
3. Secret Will: Written by the testator or by someone else, then sealed and deposited with a notary.

To be valid, a will must be made by a person of sound mind, must concern estate property, and must be signed by the testator. If it is made before a notary, a fee must be paid.

Can a Will Be Contested? What Are the Grounds?

A will does carry legal force, but can it be contested? The answer is yes. In certain circumstances, heirs or other parties who feel they have been harmed have the right to file a lawsuit to annul or alter the contents of the will. Here is a full explanation:

1. Conflict with Laws and Regulations

One ground for contesting a will is when its distribution conflicts with statutory provisions. Article 874 of the KUHPerdata states that the inheritance must be given to lawful heirs in accordance with the law.

If a will disregards the rights of lawful heirs, for example by not granting them the portion that is their absolute entitlement (legitieme portie), the heirs have the right to file a lawsuit for annulment.

2. Exceeding One-Third of the Testator's Total Estate

Under Islamic law, based on the Compilation of Islamic Law (KHI), a will may not exceed one-third of the testator's total estate, unless all heirs give their approval.

If any heir objects to a bequest exceeding this one-third limit, a lawsuit can be filed to annul the excess. Therefore, can a will be contested? If it goes beyond the legal limits in force, a lawsuit is very possible.

3. Invalid Making of the Will

Furthermore, if a will is made under invalid conditions, such as when the testator was not fully conscious or was under pressure at the time, the will can be annulled.

The testator must have full awareness and be free from coercion by others. If it is proven that there was coercion or manipulation, the aggrieved party may file a lawsuit with the court to annul the will.

4. Administrative Defects

A will can also be contested if administrative defects are found. The KUHPerdata stipulates that a will must be made in writing and before a notary, or deposited with a notary. However, in certain circumstances, a will may be handwritten, with a clear signature and date.

If these procedures are not met, the will may be deemed invalid and can be annulled through a court lawsuit. Will contest cases have occurred frequently in Indonesia, particularly when heirs feel their rights have been ignored or when there are indications of manipulation in the drafting process.

Benefits of a Will

Now that you have an answer to whether a will can be contested, you should know the benefits of having one. Here they are:

1. Speeding Up the Distribution of the Inheritance

Without clear planning, distributing an inheritance can become a long and drawn-out process. A will therefore helps speed up the distribution of assets, as the heirs already have clear guidance.

If the testator leaves no will, the legal process can become more complex and costly, especially if disputes arise. Moreover, if an heir dies before the inheritance is distributed, the inheritance rights may pass to the next generation, which further complicates the process.

2. Avoiding Family Disputes

A will can help prevent conflicts among heirs, because the distribution of assets has been clearly determined. With this document in place, the testator can set out the inheritance arrangements according to their wishes.

While a will does not fully guarantee the absence of conflict, it can at least minimize disputes and serve as a guide if differences of opinion arise. If the distribution of the inheritance is considered unfair, can a will be contested? Yes, heirs who feel their rights have been violated may file a lawsuit with the court.

3. Protecting Assets and Safeguarding Family Welfare

A will ensures that the testator's assets remain well managed. If the testator owns a business or important property, they can determine who will be responsible for managing it.

In this way, the continuity of the family business or investments can be preserved, benefiting future generations. This decision can be set out in the will, so that no party mismanages or misuses the assets left behind.

Now That You Know: Can a Will Be Contested?

A will can be contested if it does not meet the applicable legal requirements. For this reason, you should draft your will fairly and in accordance with the rules. However, planning for the future does more than ensure the inheritance is divided fairly; it also prepares for ways to ease the burden on your family during a time of loss.

One such step is arranging professional and trustworthy funeral services. Kamboja offers comprehensive funeral services and professional body handling services, giving you and your loved ones peace of mind.

This is also a form of protection for the family left behind. With a well-planned system, Kamboja helps you manage every process from start to finish, so that everything goes smoothly.