Indonesian Bank Accounts at Death

[gfielder52]

What becomes of my Indonesian Bank accounts if I die . Can my overseas family claim them?

[centurion]

They can claim if they are legitimate descendants, confirmed by the court that executed the inheritance process.

[gfielder52]

Thanks Centurion, so if you have a legal will , even if it was made overseas you should be OK?

[centurion]

As I know, foreign wills are not accepted/executable in Indonesia.

[IndoNota]

Hello gfielder52, in this case you will need to make a "surat wasiat" (will) done by an Indonesian Notary - which shall then be registered to Indonesian Ministry of Law & Human Rights. According to the law, a "legal" will (Notarized and registered to the Ministry) is mandatory for all inheritance items other than clothing, certain body jewelry and household appliances (Art. 935 Indonesian civil code).

For this instance - I am a Jakarta/Tangerang based english-speaking Indonesian notary and can assist you at a reasonable fee. Can also help with translation (sworn or not-sworn version) for the document. Please contact me at [email protected] or +62 811 889 883 (fast response).

[gfielder52]

hello IndoNota , I have just seen your reply and thank you for the information. I may email you soon.

[marcus]

... you will need to make a "surat wasiat" (will) done by an Indonesian Notary - which shall then be registered to Indonesian Ministry of Law & Human Rights. According to the law, a "legal" will (Notarized and registered to the Ministry) is mandatory for all inheritance items other than ... (Art. 935 Indonesian civil code)...

Could you explain us how did you conclude that ?

As I see , you showed a reference only for the exceptions (Article 935 below) .


Indonesian Civil Code
Article 935. By virtue of a single private fully written document, dated and signed by the testator, arrangements may, without any further formalities, be made following his *262 demise, provided that they shall be only and exclusively for the appointment of executors, with respect to order funeral arrangements, legacies of clothing, personal belongings, personal ornaments and specific furniture.
The revocation of such document can take place privately in the same manner .
(Ov.75;Bw.515,936,945,951v.,992,1005;Rv.656;Civ.97 0)

[marcus]

Indonesian Civil Code

Article 931
A will can be made : with an olographic deed or handwritten, with a public deed or with a secret deed or a closed deed.

Article 937
Closed olographic wills are delivered to the hands of the Notary after the death of the testator and submitted to the Probate Court, which will act according to Article 942 of the closed wills.

Article 938
A will with a public deed must be made before a notary and two witnesses .



From https://sonlawyers.com/2018/12/18/ca...-surat-wasiat/
.....
Olographic Will is a form of will that is directly written and signed by the grantor of inheritance.
.....
Secret Will can be written by the heirs or other people. However, this Will must be accompanied by the signature of the heirs .

[kevinsmoore]

Thanks to all for the replies on this thread.
My question is 1) what if the person has no will, and 2) if there are no living relatives?
How can the bank account funds be released?
Thank you

[marcus]

1) what if the person has no will,

2) if there are no living relatives? How can the bank account funds be released?

1) The inheritance will be divided according to the Law(s) .

2) If no Will + no relatives , then nobody can ask for the money (if there is a government regulation about it , the money may go to the government , otherwise the bank will keep it there forever) .

[MillqaMillqa]

You have to write a paper where you sign that you want them to do it in case of your death. Most of the European banks use such a way to prevent the appearance of unexpected relatives that claim that money as their inheritance. After your death, those papers will show who will receive all the money and accumulated property. All the documents must be with a lawyer's stamp and your signature. Think about this way of resolving the problem, and I think it's the safest and fast way in this situation. After signing all the papers, you can send a copy to your bank for safety. If you want it to be even safer, use online bank accounts. You can read more about it at https://www.creative.onl/startupsgee...bank-accounts/.

[marcus]

You have to write a paper where you sigh that you want them to do it in case of your death. Most of the European banks use such a way...

From my experience with around 10 banks in Indonesia (local banks + few European banks) no one ever asked me to define a beneficiary (by the way , in my country banks also don't care about it) .

But to my surprise , my Indonesian friend was recently asked by his Indonesian Credit Union (similar to a bank but under different rules) to define his beneficiary maybe due to his high value "deposito" (fixed rate bank certificate) and also because he is single (?) .

[marcus]

Recently I did read (quickly) an article stating that in its author's opinion (from what I understood) , a signed "bank beneficiary statement" does not comply with the Indonesian rules about inheritance . This may be the reason why banks in Indonesia usually don't bother to ask for the beneficiary .

[Fred Frogley]

Someone's last will and testament i completely meaningless in Indonesia?

[marcus]

Someone's last will and testament i completely meaningless in Indonesia?

There are Indonesian rules about Will , so I think it is taken in consideration .

But I guess Will is not very common in Indonesia (and also in my country) because very few people care about it .