Jakarta, Armfalcon.com – The case of the dispute over the inheritance of the artist Tamara Bleszynski’s family is still ongoing today. As is known, the will of Tamara’s father, Zbigniew Bleszynski in 2001, was in the spotlight. The question also arises whether it is obligatory for us to make a will for the smooth process of inheritance?
A true will is a letter containing the final will of the heir to his family members regarding the transfer of assets. It is better for the heirs to heed the contents of this will.
However, is it true that the heir cannot determine the portion to be divided among the heirs if the inheritance distribution process uses Islamic law? Here’s an explanation.
Will in Compilation of Islamic Law (KHI)
In Article 194 KHI it is explained that the maker of a will is a person who is at least 21 years old, has good sense and without coercion can bequeath part of his property to another person or institution.
Meanwhile, Article 195 KHI also states that the testator can only give ⅓ of the inheritance, unless all the heirs agree.
If there is one heir who does not agree, then the provision of ⅓ of the assets will be mandatory.
From these articles, it is clear that the distribution of inheritance by means of a will is permissible as long as the gift does not exceed one-third of the total inheritance, unless there is agreement from other heirs regarding this matter.
What are the rules for a will in the Civil Code of Inheritance Law?
Apparently, there is a difference that you should highlight regarding the will between the KHI Inheritance Law and the Civil Code.
First is the matter of the age of the will maker. If according to KHI, the maker of a will is at least 21 years old, but according to Article 897 of the Civil Code, the minimum age for making a will is 18 years.
Meanwhile, the Civil Code also does not regulate limits on assets distributed through a will. In essence, as long as there is no violation of the absolute share of the heirs (legitime portie).
When what is stated in the will turns out to be not in accordance with existing legal provisions. Call it for violating the legitime portion, or exceeding the limits set by KHI, the heirs can of course challenge the will.
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