These Last Wills Have Never Trusted Intestacy to Distribute Your Estates: Affidavit of Foreign Law in Indonesia Is Proving Them Right

You and I both know that life is unpredictable. 

One moment, everything feels in order, and the next, chaos can strike. When it comes to your estate, your hard-earned assets, properties, and wealth, you don’t want to leave things to chance. 

Yet, many people put off writing a last will, thinking it’s unnecessary or something to deal with later. But here’s the thing: without a last will, your estate could fall into intestacy, and that’s where things get messy. In Indonesia, intestacy doesn’t just mean uncertainty. It could also mean needing an affidavit of foreign law to figure out who gets what. 

Let’s dive into why this happens and why having a last will is the smartest move you can make.

What Happens When You Don’t Leave a Will?

In Indonesia, if you pass away without a will, your estate is distributed according to the rules of intestacy. These rules are outlined in the Civil Code, the 1974 Marriage Law, and, for Muslims, the Islamic Compilation Law. While these laws aim to provide a clear framework, they don’t always align with your personal wishes or the unique dynamics of your family.

The Civil Code, for example, divides inheritance among your closest relatives, starting with your spouse and children. If you don’t have children, it moves on to your parents and siblings, and so on. Sounds straightforward, right? Not always. Family relationships can be complicated, and disputes often arise when people feel the distribution isn’t fair or doesn’t reflect the deceased’s intentions.

For Muslims, the Islamic Compilation Law applies, which follows the principles of Faraidh (Islamic inheritance law). This law specifies fixed shares for heirs, such as one-eighth for a surviving spouse and two-thirds for children, with sons receiving double the share of daughters. While this system is rooted in religious principles, it might not suit everyone’s situation, especially in blended families or cases involving significant assets.

Now, here’s where it gets even trickier: if you’re a foreigner living in Indonesia or have assets abroad, your estate could be subject to foreign laws. In such cases, an affidavit of foreign law is often required to determine how your estate should be distributed. This document is essentially a legal opinion from a foreign lawyer explaining how inheritance laws in your home country apply to your estate. Without a will, this process can be time-consuming, expensive, and emotionally draining for your loved ones.

Why a Last Will Is the Best Solution

You definitely want peace of mind, especially when it comes to our loved ones. A last will is your opportunity to take control of your estate and ensure it’s distributed according to your wishes. Here’s why it’s so important:

1. Clarity and Certainty. A last will eliminate any ambiguity about who gets what. You can specify exactly how you want your assets to be divided, whether it’s leaving your house to your spouse, setting up a trust for your children, or donating to a charity. This clarity can prevent disputes and keep your family united during a difficult time.
2. Avoiding Intestacy Laws. By having a will, you bypass the default rules of intestacy. This means you’re not bound by the fixed shares outlined in the Civil Code or Islamic Compilation Law. Instead, you have the freedom to distribute your estate in a way that reflects your values and priorities.
3. Simplifying the Legal Process. With a will in place, your family won’t need to deal with the hassle of obtaining an affidavit of foreign law. Your wishes are clearly documented, making it easier for the court to approve the distribution of your estate.
4. Protecting Your Loved Ones. A will allows you to address unique family situations, such as providing for a stepchild, supporting an elderly parent, or ensuring your business continues to thrive. Without a will, these considerations might be overlooked, leaving your loved ones vulnerable.
5. Peace of Mind. Knowing that your affairs are in order can give you and your family peace of mind. You can rest easy knowing that your loved ones will be taken care of and that your legacy will be preserved.

Legal Grounds for Writing a Will in Indonesia

Indonesia’s legal system provides a solid foundation for creating a last will. The Civil Code, the 1974 Marriage Law, and the Islamic Compilation Law all recognize the importance of a will as a legal document.

Under the Civil Code, a will must be made in writing and signed in the presence of a notary and witnesses. This ensures that the document is legally binding and cannot be easily contested. The 1974 Marriage Law also acknowledges the right of individuals to distribute their assets through a will, provided it doesn’t violate the rights of their legal heirs.

For Muslims, the Islamic Compilation Law allows for a wasiat (Islamic will), which can be used to distribute up to one-third of the estate to non-heirs or for charitable purposes. This provides an additional layer of flexibility, enabling you to support causes or individuals who might not otherwise inherit under faraidh.

Take Action Today

You and I both know that life is unpredictable, but planning for the future doesn’t have to be. Writing a last will is a simple yet powerful way to protect your loved ones and ensure your wishes are honored. It’s not just about avoiding intestacy or the need for an affidavit of foreign law. Iit’s about taking control of your legacy and providing peace of mind for those you care about most.

So, what are you waiting for? Take the first step today. Consult a legal expert at Baraboo Kelaso Legal, to draft your will and make sure it complies with Indonesian law. Your future self, and your loved ones, will thank you.