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 .