Have you ever thought about what happens to your belongings after you’re gone? It’s a topic that many of us avoid, but it’s super important, especially for our senior citizens.
In Indonesia, the concept of a last will and testament is gaining popularity among the elderly, and it’s not hard to see why.
Let’s dive into why this simple yet powerful document is making waves and bringing peace of mind to our senior community.
The Basics of a Last Will
A last will and testament is a legal document that outlines how a person’s assets and belongings should be distributed after their death. It’s a way to ensure that your wishes are respected and that your loved ones are taken care of.
In Indonesia, the legal grounds for creating a will are rooted in the Civil Code and the 1974 Marriage Law.
Civil Code
The Indonesian Civil Code, also known as Kitab Undang-Undang Hukum Perdata (KUHPer), provides the legal framework for wills and inheritance.
According to the Civil Code, anyone who is of sound mind and not under duress can create a will. This means that as long as you’re mentally capable and making the decision freely, you can decide how your assets will be distributed.
1974 Marriage Law
The 1974 Marriage Law also plays a role in inheritance matters. This law outlines the rights and obligations of spouses and children, which can impact how assets are divided. For example, the law ensures that a surviving spouse and children have a right to a portion of the deceased’s estate.
This is important because it provides a safety net for family members, ensuring they are not left destitute.
Why Senior Citizens Are Embracing Wills
So, why are more and more senior citizens in Indonesia choosing to create wills? There are several reasons, and they all boil down to one thing: peace of mind.
Clarity and Control
One of the biggest benefits of having a will is that it provides clarity and control over what happens to your assets.
Without a will, your estate is divided according to the default rules of inheritance, which may not align with your wishes.
By creating a will, you can specify exactly who gets what, ensuring that your loved ones are taken care of in the way you want.
Avoiding Family Disputes
Family disputes over inheritance can be incredibly stressful and damaging to relationships. By clearly outlining your wishes in a will, you can help prevent these disputes from arising.
Your family will know exactly what you wanted, reducing the chances of misunderstandings and conflicts.
Protecting Vulnerable Family Members
A will allows you to make special provisions for vulnerable family members, such as minor children or elderly parents. You can appoint guardians for your children or set up trusts to ensure that their needs are met.
This can provide immense peace of mind, knowing that your loved ones will be taken care of even after you’re gone.
Simplifying the Legal Process
Dealing with the legalities of inheritance can be complicated and time-consuming. A will simplifies this process by providing clear instructions on how your estate should be handled.
This can make things much easier for your family during a difficult time, allowing them to focus on grieving and healing rather than dealing with legal headaches.
How to Create a Will in Indonesia
Creating a will in Indonesia is a straightforward process, but it’s important to follow the legal requirements to ensure that your will is valid.
Step 1: Consult a Lawyer
While it’s possible to create a will on your own, it’s a good idea to consult a lawyer like Wijaya & Co to ensure that your will is legally sound.
A lawyer can help you understand the legal requirements and ensure that your will is properly drafted.
Step 2: Clearly Outline Your Wishes
Be as specific as possible when outlining your wishes. Clearly state who you want to inherit your assets and any special provisions you want to make.
This will help prevent any confusion or disputes down the line.
Step 3: Sign and Witness
Your will must be signed and witnessed to be valid. In Indonesia, the Civil Code requires that a will be signed by the testator (the person making the will) and witnessed by at least two people.
These witnesses must be of sound mind and not beneficiaries of the will.
Step 4: Keep It Safe
Once your will is created, keep it in a safe place where it can be easily found after your death. You may also want to provide a copy to a trusted family member or your lawyer.
Closing Remarks
Creating a last will and testament is a simple yet powerful way to ensure that your wishes are respected and your loved ones are taken care of after you’re gone. For senior citizens in Indonesia, the peace of mind that comes with having a will is invaluable.
By understanding the legal grounds provided by the Civil Code and the 1974 Marriage Law, and by following the steps to create a valid will, you can take control of your future and provide for your family in the way you want.
So, if you haven’t already, consider creating a will. It’s a small step that can make a big difference for you and your loved ones.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us
