When it comes to inheritance, you know how important it is to ensure that your loved ones are taken care of after we’re gone.
In Indonesia, the process of inheritance can be tricky, especially when foreign elements are involved. Even if you have a last will, you might still need an affidavit of foreign law to make sure everything goes smoothly.
Let’s break this down together and look at why this document is so crucial.
The Basics of Inheritance in Indonesia
Before we dive into the affidavit of foreign law, let’s talk about how inheritance works in Indonesia. The legal framework here is primarily based on the Civil Code, the 1974 Marriage Law, and the Islamic Compilation Law (for Muslims). Each of these laws has its own rules about who inherits what and how the process is carried out.
Under the Civil Code, inheritance is divided into two main categories: testate (with a will) and intestate (without a will). If you leave a valid will, your assets will generally be distributed according to your wishes. But if you don’t, the law will decide who gets what based on a strict order of heirs. This can sometimes lead to outcomes you didn’t intend.
For Muslims, the Islamic Compilation Law applies, which follows the principles of Islamic inheritance (Faraid). This law has specific rules about how much each heir is entitled to, with portions often divided between male and female heirs in a 2:1 ratio. Meanwhile, the 1974 Marriage Law plays a role in defining marital property and how it’s divided between a surviving spouse and other heirs.
Why a Last Will Isn’t Always Enough
Now, you might be thinking, “If I have a last will, isn’t that enough to make sure my wishes are followed?” In theory, yes. But in practice, things can get complicated, especially if you’re a foreigner living in Indonesia or if your assets are spread across multiple countries.
Here’s the thing: Indonesian law doesn’t automatically recognize foreign wills. If your will was made under the laws of another country, you’ll need to prove that it’s valid and enforceable in Indonesia. This is where the affidavit of foreign law comes in. It’s a document that explains the foreign law governing your will and confirms that your will complies with those laws.
Without this affidavit, your will might not hold up in an Indonesian court. And if that happens, your estate could end up being distributed according to intestacy rules, which might not align with your wishes.
The Role of the Affidavit of Foreign Law
An affidavit of foreign law is essentially a legal opinion provided by an expert in Indonesian law that applies to your will. This expert could be a lawyer like Wijaya & Co from your home country in Indonesia. The affidavit explains how your will complies with the laws of the Republic of Indonesia and confirms its validity.
In foreign contries, courts and judges often require this affidavit when dealing with foreign wills. It serves as evidence that the will is legally binding under the Indonesian law it was created under. Without it, the court might not accept the will as valid, which could lead to your estate being distributed according to Indonesian intestacy rules.
For example, let’s say you’re a British citizen living in Bali, and you’ve made a will under UK law. If you pass away, your heirs will need to present an affidavit of foreign law to prove that your will is valid under Indonesian law. Without this document, the foreign court might disregard your will and distribute your assets according to the Civil Code or Islamic Compilation Law, depending on your religion.
Legal Grounds for the Affidavit
The requirement for an affidavit of foreign law isn’t explicitly stated in Indonesian law, but it’s based on the principle of lex loci actus, the idea that a legal act (like making a will) is governed by the law of the place where it was performed. This principle is recognized in Indonesian legal practice and is often applied in inheritance cases involving foreign elements.
The Civil Code also provides some guidance on this issue. Article 16 of the Civil Code states that the validity of legal acts performed outside Indonesia is determined by the law of the place where the act was performed. This means that if you made your will in another country, its validity will be judged according to the laws of that country.
Additionally, the 1974 Marriage Law and the Islamic Compilation Law both emphasize the importance of following proper legal procedures in matters of inheritance. These laws don’t specifically address foreign wills, but they do highlight the need for clear and legally binding documentation to avoid disputes among heirs.
Protecting Your Loved Ones
At the end of the day, you want to make sure your loved ones are taken care of. Having a last will is a great first step, but it’s not the whole story, especially if you’re dealing with international assets or foreign laws. An affidavit of foreign law is a crucial piece of the puzzle that ensures your will is recognized and enforced in foreign countries.
Without this document, your heirs could face unnecessary legal hurdles and delays. Worse, your estate might be distributed in a way that goes against your wishes. By taking the time to prepare an affidavit of foreign law, lawyers at Wijaya & Co. can give your loved ones the peace of mind they deserve.
Final Thoughts
Inheritance can be a complex and emotional topic, but it’s one we can’t afford to ignore. Whether you’re a foreigner living in Indonesia or an Indonesian with assets abroad, it’s essential to plan ahead and make sure your legal documents are in order.
A last will is a powerful tool, but it’s not always enough on its own. By obtaining an affidavit of foreign law, you can ensure that your wishes are respected and your loved ones are protected. It’s a small step that can make a big difference when the time comes.
So let’s take this seriously, you and I. Let’s make sure your affairs are in order and your loved ones are cared for. After all, isn’t that what we all want in the end?
My name is Asep Wijaya. Thank you for reading my posts!