Last Will and Testament: Meaning and Types

A last will and testament is one of the important legal documents. Inheritance is often a source of disputes among the family left behind. To anticipate this, parents who own assets should consider preparing a will.

If you wish to make a will, there are three types of wills you should know about. Each type has its own benefits that can be adapted to your needs. If you are still unfamiliar with the process, there is nothing wrong with consulting a notary about this financial planning.

Meaning of a Last Will and Testament

Today, many people recognize that making a will is very important, especially if they have both substantial assets and children. Inherited property can be divided fairly by applying the principles of national law and religious law (Islam) as well.

This can serve as the basis for making a will. A will is a deed containing a person's statement of their wishes regarding the property they own after they pass away.

1. Form of a Will

A will must be written in the form of a deed or letter and may not be oral. A will must also be signed by the person making it. Later, this document can serve as the official record that you are granting inheritance rights to your heirs, who are generally your own descendants.
In detail, a will sets out the list of assets along with information about the status of the inherited property. If the inheritance includes real estate, you must clearly state its area, form, certificate of ownership, and various other details.

1. A Will Can Be Revoked or Revised

A will can still be revoked or revised as long as the person who made it has not yet passed away. Meanwhile, the heirs must carry out the contents of the will because it is legally valid.

Referring to Article 874 of the Indonesian Civil Code (KUHPerdata), all property left behind by a person who has died belongs to the heirs according to law, as long as there is no valid determination otherwise.

In other words, all property left by a person who has died remains the right of the heirs as long as the testator has not made a decision in a formal determination.

Even if the contents of a will deviate from the law, the testator's wishes expressed in the will must still be given priority.

Nevertheless, a testament has limits: the testator is not entitled to bequeath all of their property to those who belong to the legitieme portie. Heirs who belong to the legitieme portie are called legitimaris. The groups that count as legitimaris are as follows:

• The surviving spouse together with their descendants.
• The parents and full siblings of the testator.
• Ascending lineal relatives beyond the testator's parents.
• The uncles and aunts of the testator, from either the father's or the mother's side.

Having understood the meaning of a will and the groups of legitimaris above, you will know that a will must not be made in violation of the rules or of the mandatory legitimate share.

Types of Wills

Under Article 913 of the Indonesian Civil Code, wills are divided into four forms, depending on how and when they are made. The following explains each type:

1. Holographic Will

A holographic will is a letter written and signed independently by the testator. After it is signed, the letter is brought to a notary's office as the basis for preparing a deposit deed. The notary then signs it in the presence of two witnesses.

Once the deed has been signed by the testator, the notary, and the witnesses, the will has the same legal force as a public will. This type of will can be made in either an open or a closed form.

If the open form is chosen, the notary must know and understand the entire contents of the will and provide information about its storage. If the closed form is chosen, the notary has no right to open or know the contents of the will.

1. Public Will

A public will is a type of document made directly before a notary, where the testator takes the initiative to visit the notary's office. The testator then explains what can be included in the will.
This type is generally the most frequently chosen and used, so that the notary can guide the testator. The goal is for the will to be carried out as well as possible in accordance with the testator's wishes.

1. Secret Will

In essence, this type of will is not very different from a holographic will. One of the things that distinguishes the two is that this type is more private. The testator writes and signs the contents of the will themselves, then gives it to a notary to prepare a deposit deed attended by four witnesses.

The document must also include a statement that it was written and signed by the testator personally. The format of this document can be found in Article 940 of the Indonesian Civil Code.

1. Emergency Will

The next type of will is the emergency will. This type is generally made by soldiers, sailors, or people who are in quarantine due to an infectious disease.

What Are the Requirements for Making a Will?

Before writing a will, there are several requirements that must be met by the person who intends to leave property to their heirs. The requirements are as follows:

1. Sound Mind

First, the person who makes or arranges a will must be of sound mind, meaning they are not incompetent or suffering from a mental disorder.

1. Made by an Adult

Even if you are very wealthy, if you have not yet reached the age of 21, you cannot make a will. A person who is able to make a will must be at least 21 years old or have previously been married, so that they are considered capable of doing so.

1. The Object Is Clearly Described

The third requirement to note is that the object of the inheritance must be written clearly and firmly. The object must be specified in detail, starting with a description of the assets.

1. Knowing All Parties Involved

The person making the will must know all parties involved in the process of making the will, such as the notary and the witnesses.

1. Other Requirements

Besides the requirements mentioned above, another requirement to be aware of is that a will can be revoked if there is a holographic will. It is also very important for prospective testators to understand the civil regulations in force in Indonesia.

As for the cost of making a will, you can ask the notary directly. Try to ask before you actually proceed.

From the explanation above, it can be seen that a will is a document that should be made to avoid conflict over property after the testator passes away.

Do not hesitate to consult a lawyer or legal representative regarding a fair and legally valid division of inherited property.

Kamboja stands by you in providing emotional support through funeral insurance and planning through professional funeral arrangement services for you and your beloved family.