Will Without a Notarial Deed, Is It Valid?
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Does a Will Have to Be Made Before a Notary?
Many people assume that a will is only valid if it is made before a notary. In fact, the Indonesian Civil Code recognizes several forms of wills, namely holographic wills, public deeds, and secret or closed wills.
However, each form of will has specific requirements and procedures that must be followed.
What Is a Holographic Will?
A holographic will is a will that is entirely handwritten and signed by the testator.
Although it is prepared by the testator personally, a holographic will is still subject to certain formalities, including requirements concerning its submission to a notary.
Therefore, a holographic will is not simply a will written on paper and kept privately by the testator.
Can a Will Be Challenged?
Yes. A will may become the subject of a dispute if there are issues concerning:
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The validity and procedures for making the will;
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The testator's capacity at the time the will was made;
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Allegations of coercion or fraud;
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The contents of the will that violate the rights of certain heirs.
One matter that should be considered is the legitieme portie, namely the compulsory portion that constitutes the rights of certain heirs under the Indonesian Civil Code.
So, Is a Will Without a Notary Valid?
It cannot be considered valid or invalid solely because it was made without a notary.
The Indonesian Civil Code recognizes holographic wills. However, such a will must still comply with the form, requirements, and formalities prescribed by law.
Therefore, simply writing one's wishes regarding the distribution of assets on a piece of paper and keeping it privately does not necessarily constitute a valid will under the Indonesian Civil Code.
Conclusion
A will can be made in several forms and does not always have to take the form of a public deed made before a notary. However, each form has its own requirements and formalities that must be fulfilled.
If you wish to make a will, make sure that its form and preparation process comply with the applicable legal requirements to avoid potential disputes among heirs in the future.
Disclaimer: This article is prepared for general legal information and educational purposes only. Regulations may change from time to time in accordance with applicable policies. For specific legal advice or case handling, please consult a legal professional.
