by Dharma Na Gara

Hukum Perdata-Civil LawAugust 14, 20220 comments 0 Likes

A will or Testament

A will or testament is a statement from someone about what he/she wants after he/she died. Article 875 and 874 BW, which explain the meaning of a will or testament, does contain a condition that the contents of the statement must not conflict with the law.

The most common, a testament contains what is called an “erfstelling“, namely the appointment of one or several people as “heirs” who will receive all or part of the inheritance.

According to the form there are three kinds of testament, namely:

1. “openbaar testament”;
2. “olographic testament”;
3. “closed or secret testament”.

An “openbaar testament” is made by a notary. The person who will leave the inheritance goes to a notary and declares his will. The notary makes a deed which is attended by two witnesses. This form is the most widely used and also the best, because the notary can supervise the contents of the will, so that he can give advice so that the contents of the testament do not conflict with the law.

“olographic testament” must be written by the hand of the person who will leave the inheritance itself (eigenhandig). Must be submitted to a notary for safekeeping. The submission must also be attended by two witnesses. As the valid date of the testament, is when the date of the deed is given (deed of van depot). Submission to a notary can be done openly or privately.

“closed or secret testament”, also made by the person who will leave an inheritance, but he is not required to write it with his own hand. A secret testament must always be closed and sealed. The submission to a notary must be attended by four witnesses.

For more information, please consult your problem with us.

Source:

Prof. Subekti, S.H., 2003, Pokok-pokok Hukum Perdata Cetakan XXXIV, penerbit PT. Intermasa, Jakarta.