What happened in case of an invalid will?

[serious_fun]

And in the event of the non-Muslim WNA’s death?

Also read the last paragraph!

.

This non-Muslim WNA will have nothing more than a pair of old socks remaining at that point.

The last paragraph indicates a more reasonable approach. makasih

Here's a decent explanation based on the Supreme Court's decision that helped me: www.atlantis-press.com/article/125946235.pdf

 

[H29062024]

There is no such thing as which one has priority. Only in Aceh the Islamic law for criminal cases is applied. In the rest of Indonesia Islamic law is generally only binding for Muslims and it regulates specifics in the field of marriage, family, and inheritance. Also grants and certain finance is included. So if the Religious Court has authority and is selected, those laws apply.

Now before 2006 for inheritance issues you were free to choose between (western) civil law, customary (adat) law, or Islamic inheritance law. But that changed and Muslims are no longer allowed to go to the civil (District) court, their inheritance cases have become the authority of the Religious Court. So that means Islamic inheritance law applies.

Do you have any authority for the change in law? The well known lawyer in Jakarta specialising in legal issues for mixed marriage couples has recently indicated that a Muslim WNI may still choose civil law to govern their will..

 

[centurion]

Do you have any authority for the change in law? The well known lawyer in Jakarta specialising in legal issues for mixed marriage couples has recently indicated that a Muslim WNI may still choose civil law to govern their will..

The real question is could the decision to choose civil law survive a test in the court against the disgruntled cousins?

Examples from real life would be appreciated.

 

[H29062024]

The real question is could the decision to choose civil law survive a test in the court against the disgruntled cousins?

Examples from real life would be appreciated.

Good question.. Not sure the cousins would ever get anything under Muslim law, but I understand what you mean. In any case, since the lawyer is an advertiser here, hopefully he's right..

 

[jstar]

Do you have any authority for the change in law? The well known lawyer in Jakarta specialising in legal issues for mixed marriage couples has recently indicated that a Muslim WNI may still choose civil law to govern their will..

In UU 3/2006, paragraph 2 of the General Explanation states that:

"... In this Law, the authority of courts within the Religious Court is expanded, this is in accordance with the development of the law and the legal needs of the community, especially the Muslim community. The expansion includes the sharia economy, among others. In relation to changes to this Law, the sentence contained in the general explanation of Law Number 7 of 1989 concerning Religious Justice which states: "The Parties before litigation can consider choosing what law is used in the division of inheritance", is declared to be deleted. "

So the settlement of disputes or cases of division of inheritance for Muslims becomes the absolute authority of the Religious Court and is resolved based on Islamic inheritance law.

But wait. As usual, this is for many not written in stone and interpreted in different ways, and they challenge the expansion of the authority. This is an article I got from my wife describing some practical cases of conflict of choice:

Peradilan Umum vs Peradilan Agama “Perbuatan Melawan Hukum” – Fakultas Hukum Universitas Gadjah Mada

law.ugm.ac.id

 

[jstar]

since the lawyer is an advertiser here, hopefully he's right..

I remember we had -in a previous life on a previous forum- quite some discussions and remarks on statements they had made which were not correct.

 

[H29062024]

In UU 3/2006, paragraph 2 of the General Explanation states that:

"... In this Law, the authority of courts within the Religious Court is expanded, this is in accordance with the development of the law and the legal needs of the community, especially the Muslim community. The expansion includes the sharia economy, among others. In relation to changes to this Law, the sentence contained in the general explanation of Law Number 7 of 1989 concerning Religious Justice which states: "The Parties before litigation can consider choosing what law is used in the division of inheritance", is declared to be deleted. "

So the settlement of disputes or cases of division of inheritance for Muslims becomes the absolute authority of the Religious Court and is resolved based on Islamic inheritance law.

But wait. As usual, this is for many not written in stone and interpreted in different ways, and they challenge the expansion of the authority. This is an article I got from my wife describing some practical cases of conflict of choice:

Peradilan Umum vs Peradilan Agama “Perbuatan Melawan Hukum” – Fakultas Hukum Universitas Gadjah Mada

law.ugm.ac.id

Ok. If anyone knows of a case where an Indonesian lawyer advice on the matter of selection of law by a Muslim WNI for their will is wrong (as proven in court), please advise. We jailhouse lawyers may be good, but we are not Indonesian lawyers.

 

[MamangDudul]

I don't want to start a new thread for this. Recently the mother of my wife died. She had a will and so far everything is clear. The only thing I would like to ask is, are there any special laws, concerning inheritance, for Indonesian people who are married to a foreigner? There are 4 children but only my wife is married to a foreigner. Is there anything she has to know?

As you can guess, the relationship inside the family is not very good. Overall there isn't much to take anyway, most of the things were pretty much done before my mother in law died and I would actually be happy there would be nothing at all, since I don't need any money from no one but yeah, life isn't always as we wish.

Iam asking this merely because for my taste it is unexpectedly silent from the family side so far. There is "just" a house left, but still. I wonder what they are waiting for.

 

[flavus]

I don't want to start a new thread for this. Recently the mother of my wife died. She had a will and so far everything is clear. The only thing I would like to ask is, are there any special laws, concerning inheritance, for Indonesian people who are married to a foreigner? There are 4 children but only my wife is married to a foreigner. Is there anything she has to know?

First of all ... my condolences, especially to your wife.

On the topic - I'm not a lawyer, let alone one licensed in Indonesia, but from what I've looked up in this forum and elsewhere... it might hinge on whether you and your wife have a prenuptial agreement or not (there are reports it can be postnuptial too now, but idk if it can predate the inheritance)

With such an agreement, the WNI spouse can inherit as normal, without, the rule that applies to foreigners apply in which you have to divest of land within a year (I'm not sure when the clock starts).

As you can guess, the relationship inside the family is not very good. Overall there isn't much to take anyway, most of the things were pretty much done before my mother in law died and I would actually be happy there would be nothing at all, since I don't need any money from no one but yeah, life isn't always as we wish.

Iam asking this merely because for my taste it is unexpectedly silent from the family side so far. There is "just" a house left, but still. I wonder what they are waiting for.

I feel you. We're anticipating a similar situation ourselves (both me and my wife will soon be ex-WNIs)

 

[centurion]

I don't want to start a new thread for this. Recently the mother of my wife died. She had a will and so far everything is clear. The only thing I would like to ask is, are there any special laws, concerning inheritance, for Indonesian people who are married to a foreigner? There are 4 children but only my wife is married to a foreigner. Is there anything she has to know?

As you can guess, the relationship inside the family is not very good. Overall there isn't much to take anyway, most of the things were pretty much done before my mother in law died and I would actually be happy there would be nothing at all, since I don't need any money from no one but yeah, life isn't always as we wish.

Iam asking this merely because for my taste it is unexpectedly silent from the family side so far. There is "just" a house left, but still. I wonder what they are waiting for.

For Indonesians inheriting property, there is no need for a prenup or postnup agreement with a foreign spouse. Inherited property is not counted as a joint property, but as the separate property of the respective spouse.

 

[MamangDudul]

For Indonesians inheriting property, there is no need for a prenup or postnup agreement with a foreign spouse. Inherited property is not counted as a joint property, but as the separate property of the respective spouse.

Thanks for the information. So I guess in the end the relatives just try their best to play mind games. Since they choose us as the villains and greedy ones. Pretty upside down, but whatever..that leads too far now.

 

[MamangDudul]

First of all ... my condolences, especially to your wife.

On the topic - I'm not a lawyer, let alone one licensed in Indonesia, but from what I've looked up in this forum and elsewhere... it might hinge on whether you and your wife have a prenuptial agreement or not (there are reports it can be postnuptial too now, but idk if it can predate the inheritance)

With such an agreement, the WNI spouse can inherit as normal, without, the rule that applies to foreigners apply in which you have to divest of land within a year (I'm not sure when the clock starts).


I feel you. We're anticipating a similar situation ourselves (both me and my wife will soon be ex-WNIs)

Thanks for the condolences and also thanks for your answer. Back when we married we didn't really know about a prenup, but at some point when we moved to Indonesia we made a postnup. If something like that is ever required, it's probably better to have it.

And yeah, about the relatives...you can't choose em.
Can be a real hassle, but It'll be over after this anyway.
I wish you all the best for whatever comes up.

 

[Hawk256]

Thanks for the condolences and also thanks for your answer. Back when we married we didn't really know about a prenup, but at some point when we moved to Indonesia we made a postnup. If something like that is ever required, it's probably better to have it.

And yeah, about the relatives...you can't choose em.
Can be a real hassle, but It'll be over after this anyway.
I wish you all the best for whatever comes up.

Condolences and sorry to hear about the relatives. Happens everywhere. Best if you just don't expect anything and then there are no surprises. Even in the case of my own mother, I don't expect anything. She has a decent amount of property but I just assume it will go to my half brother. Easy come, easy go.

 

[fastpitch17]

Many times it will depend on which family member to handling the estate. It can easily end up where they get everything.

 

[MamangDudul]

Condolences and sorry to hear about the relatives. Happens everywhere. Best if you just don't expect anything and then there are no surprises. Even in the case of my own mother, I don't expect anything. She has a decent amount of property but I just assume it will go to my half brother. Easy come, easy go.

Thanks for the condolences.
Yeah, what you say is right. I don't wanna sound arrogant but I can make my own living, I don't want or need money from anyone, especially if it is connectes to trouble. I also never expected anything Her mom lived with us and as I said, everything was pretty much done long before she died, before we even moved to Indonesia. The will divides the house, which is the only thing left at this point, between the 4 children. So as I said, they take us as the villains and assume we are greedy. The typical people that project their own shit onto others. Anyway..as I see it, they need all siblings to sell the house. My wife doesn't necessarily want to sell it, so I guess they need us more than we need them. They are under the impression that we will call first, as the greedy ones.
Well, Iam positive that if some more time passes we'll see whose greed will come through. Anyway..enough boring details now.