Inheritance law question

Teabag

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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
 
So it looks like here are no Europeans with that kind of setup?
 
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.
 
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...
 
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.
 
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.
 
I assume that the property is in "home country" meaning not in Indonesia.

The practical question is what does it take in order for the beneficiary to deal with the property such as effecting transfer of title or selling.

The land office in the home country is likely to need an equivalent of a inheritance certificate or probate in order to recognize the beneficiary. The safest would be the probate granted in that home country.

If the inheritance certificate is from Indonesia, some countries such as UK might require "resealing" by the UK court.

See more explanation here - https://safewill.com/blog/posts/resealing-probate

So my suggestion is to find out what sort of probate document the home country's land office requires - and whether it will recognize a foreign probate such as from Indonesia.
 
A “small country where they speak German” is probably not located in the UK and as I’ve personally encountered already things are very different there from the EU.

It’s all rather straight forward:

For Luxembourg’s declaration of inheritance for instance:

The European Judicial Network published per country what is needed and the procedures. This is Austria:
 

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