KUHPer XII
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1788) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter XIII - Concerning Last Wills
Article 954
A testamentary disposition is a last will, by which the testator leaves his estate in the event of his death to one or more individuals, either in its entirety or partially, such as one half or one third.
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Article 955
Upon the death of the testator, legal title to the assets shall devolve upon the beneficiaries named in the last will as well as the individuals to whom the law grants part of the inheritance. Articles 834 and 835 shall apply to such persons
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Article 956
In the event of a dispute with respect to an heir who is also authorized to hold title, the judge may instruct that the assets shall be kept in the custody of the court.
- S.26-253 announces the Royal Decision of April 23, 1926 No.17 for review in the general interest of stipulations made in the testamentary dispositions or legacy pursuant to the law of May 1, 1925 (Dutch S.No.174)
- Art.1. Following the lapse of forty years after the demise of the testator or following the day on which there is legal presumption of his death, a stipulation with regard to a testamentary disposition or legacy, may, at the request of the person who should comply with such stipulation, be reviewed or revoked by the Indonesian Supreme Court, in the general interest, insofar as possible according to the intent of the testator, if it concerns the following: the location where and the manner in which objects of art or objects of a historical or scientific nature, including documentation thereof, shall be kept in a collection which is accessible to the public; the extent to which and the requirements subject to which the public shall be granted the opportunity to view and use the objects as intended; the objective of the funds which should be awarded in the interest of the arts or sciences.
- Art.2. The petition shall be submitted to the Supreme Court with the letter of request containing the reasons attached thereto. If it seeks a review of a stipulation, the letter of request shall state this wish. With regard to the request, the legal descendants and the spouse of the testator shall be heard, having been summoned by the Supreme Court in the stipulated manner. The Supreme Court shall hear, if deemed necessary, witnesses and experts. All hearings shall take place in public. The petitioner shall be given the opportunity, to comment upon the statements put forward by the individuals heard, and to verbally clarify the petition. The Supreme Court is authorized, by virtue of its official function, to review a stipulation of which revocation which has been requested, and also to review a stipulation in a manner other than that which is requested.
- Art.3. The decree of the Supreme Court, in which a stipulation is regulated (read: reviewed) or revoked, shall not be valid until after approval of the Governor General has been obtained.
- Art.4. The provisions in the previous three articles shall apply to a reviewed stipulation, provided a period of ten years has passed, after the decree of the Supreme Court, in which the stipulation is reviewed, has become valid.
- Art.5. The revocation of a testamentary disposition or a legacy may be requested based upon the fact that a revised stipulation, which has replaced a previous stipulation, pursuant to which the testamentary disposition or the legacy is drawn up, has not been complied with. The provisions of the second and third paragraphs of article 1004 of the Civil Code shall be applicable in this regard.
- Art.6. This decision shall become effective as of the thirtieth day following the promulgation in the Indonesian State Gazette (promulgated July 9, 1926)
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Article 973
The assets, over which parents have the right of disposal, may be given entirely or partly in a last will to one or more of their children, with the provision that the assets shall also be given to their other children who are already born or who shall be born. In the event that a child redeceases its parents, the same arrangement may be made for the benefit of one or more grandchildren, with the provision that such assets shall be given to their children who are already born or who shall be born.
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Article 974
This arrangement in the last will may also be made for the benefit of one or more brothers or sisters of the testator, with regard to the entire or part of the assets which, are not excluded by law from the arrangement, with the instruction to give the assets to the children of his aforementioned brothers and sisters, who are already born or those who shall be born. The same arrangement may be made for the benefit of one or more children of deceased brothers and sisters, with the instruction to give those assets, to their children who are already born as well as those who are not yet born.
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Article 975
If the encumbered heir should pass away, leaving children in the first degree, and descendants of a child who has previously died, then the latter mentioned shall, by substitution be entitled to the share of the deceased child. The same shall take place, in the event that all children in the first degree are deceased, and the individual who is charged with the delivery of the assets only leaves grandchildren.
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Article 976
The arrangements, permitted in articles 973 and 974, shall only apply to the extent that the testamentary disposition through hands has only been made in one degree, and for the benefit of all children of the debtor who are already born, and shall be born, without any exception, and without priority of age or sex.
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Article 977
The rights of the nominated heirs under testamentary dispositions through hands shall commence at the time that the enjoyment of the charged asset ceases. The voluntary relinquishment of enjoyment, for the benefit of the expectant heirs, shall not jeopardize the creditors of the debtor whose debt claims pre-date the relinquishment, neither shall it disadvantage the children who shall be born after the relinquishment.
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Article 978
The individual, who, pursuant to the previous articles, makes arrangements which are permitted, may by last will, or by a later notarial deed, place the asset itself, under the management of one or more managers while subject to the charge. In this regard, the stipulations of article 789, first and second paragraph of article 790 and article 791 shall apply to the managers. They may request a fee for their services in the instances and in the manner stipulated in the subsequent chapter with respect to executors of last wills.
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Article 979
Upon death, or in the absence of the designated manager, the judge shall, at the request of the debtor or other interested parties, or also upon claim of the prosecution counsel, appoint another individual in place of the absent manager.
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Article 980
Within a month after the death of the individual who pursuant to the settlement, has had access to the assets, a description of the estate shall be made containing all the assets which constitute the inheritance at the request of the designated manager, interested parties, or prosecution counsel. If the inheritance constitutes a legacy only, then a specific list shall be made of all the objects included therein. This estate description or list shall contain the estimated value of the assets.
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Article 981
The estate description or list shall be drawn up in the presence of the designated manager and other interested parties, on the assumption that they have been properly summoned. If the aforementioned parties are present at the estate description, this may be effected by private deed, in which case the document should be submitted or forwarded to the court clerk at the court of justice for safekeeping, within a period of fourteen days following the completion of the estate description. The charges incurred in this regard shall be paid out of the assets covered in the will.
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Article 982
If the testator has not nominated a manager, the assets shall be managed by the encumbered heir, and he shall be required to guarantee the storage, the proper usage and the re-delivery of the assets, unless the testator has expressly released him from any obligation to do so.
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Article 983
The encumbered heir, who, in the circumstances of the previous article, cannot put up any security, shall permit the assets at the request of interested parties, or upon the claim of the prosecution counsel, to be placed under the management of a manager to be nominated by the court of justice, who shall be subject to all rights and obligations stipulated in relation to guardians and minors. The final stipulation of article 978 shall also apply to the managers.
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Article 984
The encumbered heir, who has been appointed manager, shall use the charged assets in the manner of a good head of the household, and shall, therefore, also be regarded as a user of the proceeds in respect of liability for costs and charges and carrying out repairs. (Bw.784,793v.,982)
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Article 985
The immovable assets, including the interests and debt claims, shall not be transferred or charged unless so permitted by the court of justice, after having heard the future heir and the prosecution counsel. Such permission shall only be granted, in case of absolute necessity, or of apparent benefit, either with regard to the future heir as well as the encumbered heirs, and in the event of alienation, such permission shall be granted against the security or re-investment under "fidei commissum", if the encumbered party himself manages the assets. If the assets are placed under management, then the managers are required to invest the proceeds pursuant to the provisions regarding guardians.
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Article 986
The testamentary dispositions through hands, which are permitted in this section, cannot be effective against third parties even by minors, if they have not been made public as follows: with regard to the immovable assets, by publication in the manner as stipulated in article 620, and to the extent that it concerns claims in respect of mortgaged debts, by registering the assets which are related to the debts, or by making notes next to the existing registrations.
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Article 987
The heirs, whether legal or summoned pursuant to the last will of those who have drawn up the testamentary dispositions through hands, shall, under no circumstances, file an objection to the prospective heirs in respect of the absence of publication, registration or notification, stipulated in the previous article.
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Article 988
The managers shall be responsible for the publication, registration or notification, stipulated in article 986, and failure to comply with this shall render them liable for compensation in the form of costs, damage and interest. All interested parties shall be entitled to demand that the aforementioned requirements shall be complied with.
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Article 989
In the event of a testamentary disposition, or of a legacy, pursuant to the provisions of article 881, the encumbered heir or legatee shall be authorized to transfer or use the property disposed of by will to him, and even dispose of it as an inter vivos gift, unless the latter mentioned is either fully or partly prohibited, by the testator.
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Article 990
The requirement for the preparation of an estate description or list, following the death of the testator, and before the filing of the documents with the court clerk at the court of justice, stipulated in article 980 and 981, which is dealt with in this section shall also apply to the encumbered heir or legatee, however, he shall not be obliged to provide any security.
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Article 991
Following the death of the encumbered heir or legatee, the future heir shall be entitled to demand immediate delivery of that which remains of the inheritance or the legacy in its original state. The cash or the proceeds of the objects sold shall be evident from notes of the encumbered heir or legatee, from household documents or other pieces of evidence, or from the extent to which there is anything remaining of the inheritance or legacy.
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Article 992
A last will cannot, either in its entirety or partly, be revoked in any manner other than by a subsequent last will, or by a specific notarial deed, in which the testator declares the full or partial revocation of his earlier last will, without prejudice to the stipulation in article 934.
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Article 993
If a subsequent last will which contains the express revocation of the previous will, does not comply with the formalities which are required for a valid last will, but complies with the formalities necessary for a valid notarial deed, then the provisions of the previous last will, which might have been repeated in the later deed, shall not be considered to be revoked.
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Article 994
A subsequent last will, in which the previous last will is not expressly revoked, shall invalidate only those provisions in the previous last will, which are not consistent with or which contradict the provisions of the subsequent last will. The provisions of this article shall not apply, if the subsequent last will is void, due to defective format, notwithstanding that such document is valid as a notarial deed.
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Article 995
The revocation, either express, or implied, in a subsequent last will, shall be fully enforceable, notwithstanding that the subsequent deed is rendered invalid due to the incompetence of the nominated heir or legatee, or by their refusal to accept the inheritance.
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Article 996
All transfers, whether by sale, with the option of re-purchase, or by exchange, which the testator disposing of the assets, in full or in part, has made, shall result in the revocation of the legacy, to the extent of that which was transferred or exchanged; unless the transferred assets have been returned to the ownership of the testator.
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Article 997
All legacies in a last will which are conditional upon an uncertain event, and which shall take effect according to the occurrence or non-occurrence of an uncertain event, shall be revoked if the nominated heir or legatee dies prior to the fulfillment of such condition.
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Article 998
If the testator intended that the condition would merely delay the legacy taking effect, this shall not prevent the heir or legatee from receiving the acquired right which he may further pass on to his heirs.
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Article 999
A legacy shall lapse, if the bequeathed property, has totally deteriorated during the life of the testator. A legacy shall also lapse, if, after the death of the testator and due to no fault of the heir or other individuals required to deliver the legacy, the property is totally destroyed, notwithstanding that they failed to deliver the property on time, the legacy shall also lapse if it is destroyed while in the possession of the legatee.
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Article 1000
Payments made towards interest owed, loans and other debts and loans during the lifetime of the testator shall be set off against legacies of those loans other debts and interest owing.
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Article 1001
A provision in a last will, shall lapse, if the nominated heir or legatee rejects the inheritance or legacy, or has been declared incompetent to enjoy such. If, it is provided that benefits to third parties shall be extended, they shall not lapse in this regard, and the individual to whom the inheritance or the legacy is given shall continue to be in control, without prejudice to his entitlement to absolutely and unconditionally relinquish the inheritance or the legacy, for the benefit of those for whom the benefits were intended.
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Article 1002
The share of the designated heir or legatee shall be increased, in the event that the inheritance nomination or the legacy is given to several individuals jointly, and the legacy to one of the co-heirs or co-legatees cannot take effect. The inheritance nomination or the legacy shall be considered to be joint, if it accrues under the same provision, and if the testator has not given a specific share for example, one half, one third, in the property to each of the co-heirs or co-legatees. The expression in equal shares or parts shall not be considered to be a reference with regard to a specific share, as mentioned in this article.
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Article 1003
The testator shall be further deemed to have disposed of property simultaneously to several individuals by the same deed in the event that the property he has bequeathed to them cannot be divided without causing damage thereto, notwithstanding that this is done on a separate basis.
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Article 1004
The declaration of expiration of last wills, may be requested, after the death of the testators, in the event of non-fulfillment of the requirements. In this regard, the individuals, for whose benefit the declaration of expiration has been made, may retrieve the assets, free of all encumbrances and mortgages which the former nominated heir or legatee may have imposed on them. They may further exercise the same rights in respect of third holders of immovable assets, as against the nominated heir or legatee.
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Chapter XIV - Concerning Executors Of Last Wills And Managers
Article 1005
A testator, may, by last will, or by private deed as referred to in article 935, or by specific notarial deed appoint one or more executors of his last will. He may also nominate several individuals, to succeed one another in the event of unavailability.
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Article 1006
Married women, minors notwithstanding that they have reached the age of consent, individuals under conservatorship, and any individual who is incompetent to conclude agreements, shall not be executors of last wills.
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Article 1007
The testator may grant the executors of last wills possession of all or part of the assets in the inheritance. In the first instance, possession shall extend to the immovable as well as movable assets. The possession shall not by law continue for a period of more than one year, effective as of the date on which the executors took possession of the assets.
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Article 1008
If all the heirs are in agreement, they may cease possession, provided that they allow the executors of the last wills to settle payment or deliver the absolute and unconditional legacies, or that they seek evidence from them that the legacies have already been fulfilled.
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Article 1009
The executors of a last will shall seal the inheritance, in the event that the heirs are minors under conservatorship, who, at the death of the testator have not been provided with guardians or conservators, or in the event that such heirs are not represented or are not present in person.
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Article 1010
They shall prepare an estate description of the assets in the inheritance, in the presence of the heirs following the proper summons of those who reside within Indonesia.
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Article 1011
They shall ensure that the last will of the deceased shall be inplemented, and in the event of dispute, they can appear in court to maintain the validity of the last will.
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Article 1012
In the event that the required funds are not available for the vesting of the legacies, the executors shall be authorized to dispose of the movable assets of the estate, and if necessary, in addition, one or more of the immovable assets, subject to the fact that the latter mentioned requires the approval of the heirs, or in the absence of this, the approval of the judge, given in public and in accordance with the local customs; provided that the heirs agree to this course of action in order to vest the pecuniary legacy. The sale may also be conducted privately, if all the heirs agree to such, without prejudice to the provisions regarding minors and individuals under conservatorship.
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Article 1013
The executors who have possession of the estate shall be authorized to, notwithstanding that it may be in court, claim the debts, which during their possession have matured and are collectible.
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Article 1014
They shall not be authorized to sell the assets comprising the inheritance, to divide or distribute them, but they must, upon termination of their management, account for their actions to the interested parties, and deliver all assets and stocks which form part of the estate and a final account, to be divided and distributed among the heirs. They shall assist the heirs in relation to the division, if the heirs so require.
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Article 1015
The power of the executor of a last will shall not devolve upon to his heirs.
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Article 1016
If there are several executors of a last will, who have accepted this role, each executor can act in the absence of the others, and they are separately liable for the entire management, unless the testator has divided their functions in which case each executor shall be responsible for the task assigned to him.
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Article 1017
The expenses incurred by the executor of a last will for the sealing, estate description, balance sheet, and all other matters related to his role, shall be charged to the estate.
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Article 1018
Any stipulation by the testator that releases the executor of the last will from the requirement to draft an estate description, or the preparation of a balance sheet, shall be void by law.
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Article 1019
Without prejudice to previous stipulations regarding use of proceeds, testamentary dispositions through hands, and minors and individuals under conservatorship, the testator, may, by last will or by specific notarial deed, appoint one or more managers to manage the assets left to his heirs or legatees, during their lives or for a specific period of time, provided that it shall not interfere with the unobstructed vesting of the legal share of the heirs. The stipulations of article 1016 are applicable in this regard.
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Article 1020
In the event that the testator has not appointed any individuals to replace absent managers, the court of justice, having heard the prosecution counsel, shall be responsible for same.
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Article 1021
No one shall be obligated to accept the position of executor of a last will or of manager of an inheritance or legacy; however, once he has accepted such task he must complete it. If the testator has not provided for specific compensation for the executor's tasks, or has not given a specific legacy to him, then the executor shall be authorized on his own behalf or, if there is more than one executor, they shall be authorized on behalf of all of them to claim the same amount of compensation as that which is extended to guardians in accordance with article 411.
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Article 1022
The executors of last wills, including the managers, referred to in article 1019, may be discharged for the same reasons applicable to discharge of guardians.
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Chapter XV - Concerning The Right Of Deliberation And The Privilege Of Estate Description
Article 1023
All individuals, to whom an inheritance has been left, and who choose to inspect the condition of the inheritance in order to determine whether it is of benefit to them to accept such inheritance whether absolutely or due to the privilege of estate description, or to reject such inheritance, shall be entitled to deliberate thereon, and shall submit a statement thereof to the court clerk at the court of justice, within whose jurisdiction the inheritance has become available; the statement shall be recorded in the register designated thereto.
In locations which have been separated by the sea from direct contact with the seat of the court of justice, this statement may be submitted to the residential judge, or in the absence or unavailability of such person, the head of the local government, which official shall then record this and forward such information to the court of justice, who shall then carry out the registration.
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Article 1024
The heir shall be granted a period of four months, effective from the date the statement was made, within which to have the estate described and to deliberate. The court of justice shall be authorized to extend the above stipulated term, if the heir is being prosecuted due to urgent reasons.
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Article 1025
During the period stipulated for deliberation, the heir shall not be obliged to accept the status of heir. They cannot be convicted by a court, and the enforcement of judgments, which were passed in respect of the deceased, shall be postponed. He shall be obliged, as a proper head of the household, to be responsible for the assets of the inheritance.
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Article 1026
During the course of his deliberation, the heir shall be authorized to request permission from the judge, to sell several objects which are not required or which cannot be kept, also to commit acts which cannot be postponed. The manner of sale shall be determined by court approval.
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Article 1027
The judge may, at the request of the interested parties, stipulate such measures which he deems necessary for the maintenance of the assets comprising the inheritance as well as the interests of third parties.
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Article 1028
The head of the local government shall have the same authority in the locations referred to at the end of article 1023, as that which has been granted to the judge in the previous article, and the approval referred to in article 1026 may be requested from that official.
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Article 1029
After the expiration of the term stipulated in article 1024, the heir may be forced to reject the inheritance, or accept it, either absolutely or based on the privilege of estate description. In the latter mentioned instance, a statement shall be made in respect thereof in the same manner as stipulated in article 1023.
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Article 1030
Even after the expiration of the term, the heir shall have the option to have the estate described, and to accept such based on the privilege of estate description, unless he has acted as an absolute heir.
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Article 1031
The heir shall lose the privilege of estate description, and shall be regarded as an absolute heir as follows: 1. if he, to his knowledge and in bad faith, has not included several assets belonging to the inheritance, in the estate description; 2. if he has been guilty of embezzling assets belonging to the inheritance.
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Article 1032
The privilege of estate description shall have the following consequences:
(1) the heir shall no longer be obliged to settle the debts and encumbrances of the inheritance, other than to the extent of the value of the assets covered by the inheritance, and he may in addition be released from the obligation to make any payments, by leaving all assets, belonging to the inheritance, at the disposal of the creditors and legatees;
(2) that the personal assets of the heir shall not be mixed with the inheritance, and that he shall reserve the right to set off his personal loans against the inheritance.
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Article 1033
The heir who has accepted the inheritance under the privilege of estate description, shall be obliged to manage the assets belonging thereto as a proper head of the household, and to administer the estate if possible; he shall be responsible to the creditors and legatees.
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Article 1034
He shall not dispose of the movable and the immovable assets of the inheritance in any manner other than in public, and in accordance with the local customs or through brokers or agents in the event that there are any commercial goods in the estate. He shall be obliged to settle with the creditors in respect of any mortgaged assets in the event of sale of immovable assets which are encumbered, by means of authorizing the creditors to collect the amount owed from the buyer.
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Article 1035
He shall be obligated, if the creditors or other interested parties so claim, to provide sufficient security to the value of the movable assets included in the estate description, and to the value of that part of the immovable assets which has not been granted to the creditors. In the event that he fails to put up the security, the movable assets shall be sold, and the proceeds therefrom as well as the part of the immovable assets that has not been assigned shall be placed with a party to be nominated by the judge, to settle the debts and encumbrances of the inheritance to the extent that they do not exceed the value of the estate.
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Article 1036
Within a period of three months, effective as of the expiration of the term stipulated in article 1024, the heir shall be required, by means of a publication in a official newspaper, to summon the unknown creditors, for the purpose of immediately submitting an account of his management to those creditors which are known and unknown, and to legatees, and to settle their debts and legacies, to the extent that they do not exceed the value of the estate.
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Article 1037
Following the settlement of the account, the heirs shall settle the claims of the creditors, which are known at that time, either in full, or in proportion to the value of the inheritance. The creditors who appear after the settlement, shall, pursuant to their appearance, only be paid from the unsold assets and the residue.
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Article 1038
In the event that there is any objection, the creditors cannot be paid, in any manner other than in order of priority, regulated by the judge.
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Article 1039
The legatees cannot demand the settlement of their legacies, until after the expiration of the term stipulated in article 1036, and after the total settlement which is mentioned in article 1037. The creditors who appear after the settlement of the legacies, may only claim compensation from the legatees. Such claim for compensation shall expire after a period of three years, following the date on which payment has been made to the legatee.
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Article 1040
An heir, who has accepted the inheritance under the privilege of estate description, cannot be personally liable for the testator's debts, unless, having been reminded to submit an account, he has failed to do so. Following the settlement of the account, his personal assets shall be used only to settle the accounts, which derived from the inheritance, and came into his hands.
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Article 1041
The expenses incurred in the sealing, estate description, and the drawing up of the account, including all other valid expenses shall be charged to the inheritance.
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Article 1042
The stipulations of article 1024, 1031 and thereafter are also applicable to heirs who, without having exercised the right to deliberate, have accepted an inheritance under the privilege of estate description by submitting a statement, as stipulated at the end of article 1029.
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Article 1043
Any stipulation by the testator prohibiting the exercise of the right to deliberate and the privilege of estate description, shall be null and void.
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Chapter XVI - Concerning The Acceptance And Rejection Of Inheritances
Article 1044
An inheritance may be accepted either absolutely or under the privilege of estate description.
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