Must a Notarial Will Be Made Before a Notary?

A will is a document that sets out instructions on how a person will divide their property and assets after they pass away. Through a will, the division can be carried out according to the testator's wishes. However, a common question arises: must the testator make a notarial will before a notary?

Many people are unsure whether a will must be made before a notary. Concerns that a will may become invalid and trigger conflict over the division of inherited property are often the main reason. To find the answer, read the explanation in this article!

Types of Wills

Before learning whether a will must be made before a notary, you need to know the types. Under Article 931 of the Indonesian Civil Code (KUH Perdata), there are three types of wills recognized by law:

A. Holographic Will

The first type is the holographic will. This will is written entirely by hand by the testator without involving a notary. However, there is usually still a witness from the family to strengthen its validity.

Although it is legally valid, a holographic will often gives rise to disputes and disagreements, especially if a party does not agree with or is not satisfied with the contents of the will.

B. Notarial Will

A notarial will is made by the testator together with a notary and witnesses. All parties, including the testator, the notary and the witnesses, sign the document. This type of will is considered the safest because the notary ensures that the contents of the document comply with the applicable legal provisions.

C. Secret Will

As the name suggests, the testator does not disclose the contents of a secret will to anyone, including the notary. After making it, the testator seals the document and hands it over to the notary. The notary, who does not know the contents, will keep it and hand it over to the heirs at the agreed time.

Is a Will Required to Be Made Before a Notary?

So, is it mandatory to make a will before a notary? The answer is no. This means you are not required to make a will through a notary. However, making a notarial will has several advantages, as follows.

1. Strong Legal Standing

A notary is a public official authorized to validate legal documents, such as a will. By involving a notary, your will gains stronger and more assured legal force and is protected from accusations of forgery or manipulation by any party.

2. Reduced Risk of Disputes

Holographic wills often lead to disputes, especially if the authenticity of the document cannot be verified. This can trigger conflict among the heirs. With a notary involved, the authenticity of the will is guaranteed, so the risk of disagreement is reduced.

3. Safer Storage

A notarial will is usually kept by the notary and then given to the rightful heirs when the time comes or when requested by the testator. The notary is responsible for the security of the document, so it is far less likely to be lost or tampered with by any party.

4. Legal Certainty

A notary not only ensures that the contents of the will comply with the law, but also helps with the process of dividing the inherited property. In this way, the rights of the legitimate heirs are protected and no party is left at a disadvantage.

How to Make a Notarial Will Properly

Although a notarial will is not mandatory, it offers many benefits that will likely work in your favor. Here are the steps for making a will if you need one:

• Prepare the documents, such as your ID card (KTP), land certificate, vehicle documents, and documents for the assets you intend to pass on.
• Consult with a notary to make sure the contents of the will comply with legal provisions and do not violate the law.
• Sign the will in the presence of the notary and witnesses.
• The notary will keep the will so that it is safer from changes or tampering with its contents.

Sample Wills

So you do not feel confused, see the sample wills below.

1. Sample Notarial Will

LAST WILL AND TESTAMENT I hereby make and sign this last will and testament on (day, date, month, year), at (notary's address). The undersigned is: Name: Place and Date of Birth: ID Card No.: Address: I hereby declare: That I am the owner of the following property and assets: A. Land and building under Certificate of Ownership (Sertifikat Hak Milik) number (number) in the name of (name), located at (address). B. One vehicle with official BPKB number (number) and STNK number (number). That the property and assets stated in letters A and B are not subject to any dispute or to any debt or receivable guarantee. That I bequeath the property stated in letter A above to (name of heir). Along with this letter, I have appointed (name of heir) as the executor of this will. To them I give all my property in accordance with the provisions of the law. To carry out this letter, I entrust it to Notary (name of notary), acting as Notary in the area of (area name), and I request from them the drawing up of a deed of deposit of this will, with two witnesses, namely (name of witness 1) and (name of witness 2). Thus I have made this last will and testament in full awareness and without coercion from anyone. Notary Testator (name) (name) First Witness Second Witness (name) (name)

2. Sample Will Without a Notary

On this day, (date, month, year), I: Name: Place and Date of Birth: Address: In full awareness and without coercion, make this Declaration of Inheritance Will or Gift, of the property I own, to my heirs, namely: (name of heir 1) (name of heir 2) (name of heir 3) By this letter, I declare that I hand over my property to my children, namely land and buildings, a car, and all my personal assets. If I am no longer alive, the property shall first be used to settle my debts and receivables, if any, and 25% of the remaining total property shall be endowed as waqf. The rest of the property shall be divided equally among the children I have named. Thus this declaration of Inheritance Will or Gift of my property has been made, witnessed by trusted witnesses: (name of witness 1, a family member) (name of witness 2, a family member)

A Notarial Will Helps Keep the Family Free from Conflict

A will is an important official document for parents to prepare in order to avoid family conflict or disputes over inherited property. Although there is no obligation to make a notarial will, making it before a notary can provide better legal protection.

Death is something that will certainly happen and cannot be avoided by anyone. Therefore, preparing for it is the best way to ease the burden on the family.

Besides making a will, you should also prepare for the funeral. A recommended funeral service that offers complete bereavement services is Kamboja. Kamboja is ready to handle funeral arrangements professionally.

The body handling packages offered are comprehensive, covering Muslim and Christian burials, through to cremation. The prices are also affordable, in line with your budget. Contact Kamboja right away for more complete information!