Inheritance law question

Teabag

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Joined
Aug 23, 2016
Messages
131
Hello together

A question about inheritance law and related problems when residing in Indonesia, with property in home country.

We're a married WNA + eks WNI couple, living soon in Bandung, with WNA Children back home.

According to my information about the inheritance law in the European Union, the country in which the deceased had his last residence is responsible, ie Indonesia if you die there.

Is there a possibility that the inheritance law of the home country applies?

The problem is massive problems with land registry law if no certificate of inheritance is issued within a reasonable time.

Who has already settled the case of death, with property in the home country?

Thanks
TeaBag
 

Teabag

Well-Known Member
Joined
Aug 23, 2016
Messages
131
So it looks like here are no Europeans with that kind of setup?
 

Ruserious

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Aug 31, 2016
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532
If its UK then it is definitely the home country unless the deceased was a non domicile, which is quite a bit more than just living overseas.
 

Teabag

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Aug 23, 2016
Messages
131
unless the deceased was a non domicile,
after 183 days you are automatically a non domicile on tax matters, and after a couple years also in full not a 'local' anymore. Its about a small country where they speak German...
 

centurion

Well-Known Member
Cager
Joined
Aug 20, 2016
Messages
1,032
Hello together

A question about inheritance law and related problems when residing in Indonesia, with property in home country.

We're a married WNA + eks WNI couple, living soon in Bandung, with WNA Children back home.

According to my information about the inheritance law in the European Union, the country in which the deceased had his last residence is responsible, ie Indonesia if you die there.

Is there a possibility that the inheritance law of the home country applies?

The problem is massive problems with land registry law if no certificate of inheritance is issued within a reasonable time.

Who has already settled the case of death, with property in the home country?

Thanks
TeaBag
Indonesia, for now, does not issue certificates of inheritance for foreigners (basically that somebody is your legitimate inheritor after you passed away, based on the fact that your domicile is in Indonesia and based on applied Indonesian law on Indonesian and/or international assets).

I know, for Indonesian assets, if a foreigner dies, it is required to provide a list of legitimate inheritors from the deceased foreigner's country (by a court or other government body), and that list can be contested in court in Indonesia.

Indonesia is in process of harmonization with International Private Law procedures.
 

jstar

Mr. 10,000
Joined
Jul 31, 2016
Messages
4,415
According to my information about the inheritance law in the European Union, the country in which the deceased had his last residence is responsible, ie Indonesia if you die there.

Is there a possibility that the inheritance law of the home country applies?

You're right, usually the estate is handled by (e.g. a judge or notary in) the country where you last lived. And then that national legislation Is applied.

Now, under EU law, you can choose to have your inheritance governed by the law of your country of origin.

But then there must be a will or special statement. And yes, I have that in place for properties abroad since I feel the Indonesian legislation has no business whatsoever on who inherits what and how everything will be split.
 

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