Wednesday, May 9, 2012

Procedurs Of Making A Will

Before making a will, of course we must know the procedure to make a will in advance. Making a will based on Indonesia positively law arranged in the Book 2 Chapter XIII Part IV of Civil Code Forms Testament. Wills forms, such as: 
- Olografis Testament, handwritten and signed by the heir himself then entrusted to the notary (see Civil Code Section 932-937);

- A will or testament to the general public deed must be made before a notary public (see Civil Code Section 938-939);
- Confidential
or closed Wills at the time of delivery, the heir must sign the establishment, either if he himself had written it or if he had someone else write it; paper containing the setting-establishment, or papers used for cover when the cover is used, must closed and sealed (see Article 940 Civil Code).
 
In terms of making a will, there shall be a witness with the following conditions:
- In making a will olografis required two witnesses. The process is as follows, when the heir to heir letters left, then immediately make a notarial deed of care (van de pot deed) signed by the notary, the heir, as well as two witnesses and the deed must be written on the bottom will, when will it be submitted openly, or in a separate paper when it is delivered to him sealed.
- In making a will with the public deed required two witnesses. The process of making a will to do the deed before a notary public who was then signed by the heir, notary and two witnesses.
- In making a will with a closed state required four witnesses. The process is on the delivery of the notary, the heir must submit it closed and sealed to the notary, in the presence of four witnesses, or he should explain that the paper contained his will, and that the will was written and signed by himself, or written by others and signed by him.
 
In terms of making a will by parents who are still alive, it needs the consent of the husband or wife of that would give the wills. This refers to the arrangement of joint property, namely:

Article 36 paragraph (1) Act No.1 of 1974 the Republic of Indonesia on marriage ("Marriage Law"), which reads:
 
Regarding community property, the husband or wife may act on the consent of both parties "();
 
However, if the house is an innate property your mother, then do not need the consent of your father. This refers to the regulation of innate property that is:
 
Article 36 paragraph (2) of the Marriage Law, which reads:
 
About the marital property, the husband and wife have full right to take legal actions to those possessions.
In the making of a will to do or entrusted to the notary. Thus, the will must be made by authentic act in accordance with the arrangements in Article 1868 Civil Code which reads:
 
An authentic deed is a deed made in the form prescribed by law or in the presence of public officials who are authorized to act in the place it was made .

9 comments:

  1. The estimated current principles of the house, area, or any other property should be clearly described in the will. After list out of all the resources like financial institution set remains, mail investment strategies, common resources, discuss accreditation held by you, you must indicate where all such records are saved by you. Mostly, such crucial records are to be maintained secured safe first deposit box. I would recommend to keep an itemized record in a special record that may be saved securely away from other schedule records.


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  2. Hey thanks for the ideas i think this will help me for making my will its a nice blog thank you so much...


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  3. Good Share. I think this is a good idea. Making a will is very important and necessory. I treasure it.

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  5. Very useful. My friend is actually asking for something about this because she will be doing a will as well. This is helpful, my arizona personal injury lawyer appreciates it.

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  6. It never occurred to me that the making of wills and inheritance in mixed marriage are different, and something people must be aware of. Thank you for this interesting information:)

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  7. Nice article I like it..greatday 4U and keep in touch.

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  8. Good post on how to make a will. I'm glad to found such an update source of information here. Thanks for sharing.

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