Signing a Last Will And Testament in Indonesia

Part of ensuring that your investments are safe in Bali (or Indonesia) is to ensure that any assets registered in Indonesia will legally pass on to your selected Heirs.

Who can sign a Last Will and Testament in Indonesia?

Indonesian Citizens and Foreigners who are a resident in Indonesia can sign a Last Will and Testament in order to select who their assets will pass to in the case of their death. This is usually done by way of a Notarial Deed; which should then be registered by the Ministry of Law and Human Rights in Indonesia

Are there any special conditions for a Last Will and Testament in Indonesia?

Based on Kitab Undang-Undang Hukum Perdata – the Civil Code Of Indonesia, article 863, a testator can only leave one third of their total assets to a non-direct blood line; for example, to a friend. This means that two thirds of your total assets must either pass across (to your spouse); down (to your children) or up (to your parents) of your genetic line

Signing a Last Will And Testament in Indonesia

Each individual should have their own Last Will and Testament as it is not possible for spouses to combine their Last Will and Testament.

With mixed marriages in Indonesia, if the Indonesian partner passes away, and there is a valid Prenuptial Agreement in place, the Foreign partner will inherit the property; however, due to Undang Undang No 5 Year 1960 (Basic Agrarian Law Principals) that prevents foreigners from owning land in Indonesia, the Foreigner will have one year in which to sell the Land or to transfer it to his / her children. Should the children have dual citizenship, they are legally allowed to hold the Land while they have Indonesian Citizenship. They are allowed dual citizenship up until the age of 18; after which they have 3 years to choose their citizenship.

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