Jurnal Ius Constituendum
Vol 9, No 2 (2024): JUNE

The Legal Status of Testaments That Eliminate the Inheritance Rights for the Longest-Living Marital Spouse

Astrid Athina Indradewi (Department of Law, Universitas Pelita Harapan, Surabaya Campus, Indonesia)
Andyna Susiawati Achmad (Department of Law, Universitas Pelita Harapan, Surabaya Campus, Indonesia)
Fajar Sugianto (Department of Law, Universitas Pelita Harapan, Surabaya Campus, Indonesia)



Article Info

Publish Date
21 Apr 2024

Abstract

The purpose of this study is to examine the legal standing of testaments that forgo a spouse's right to inherit in the event of their death. This study is necessary because, while everyone has the right to draft a testament according to their desires, this does not absolve the contents of the testament from being based on applicable laws and regulations. This study was carried out utilizing a doctrinal and statutory method in a normative juridical manner. The study concludes that a testator's intentions are free to be included in a will; nonetheless, the Indonesian Civil Code governs the legitimacy of Legitieme Portie. Thus, if a testament is written by a spouse whose marriage has entered into a marital agreement to separate assets, and its contents eliminate the longest-living spouse's inheritance rights, then that will not violate the rights of the longest-living spouse because it is based on Article 914 of the Indonesian Civil Code that the husband or wife does not have Legitime Portie. In the meantime, a testament written by a spouse whose marriage did not result in a marital agreement that separates assets only applies to the portion of the maker's assets; in other words, the longest-living spouse still receives a share as part of the joint assets in marriage. 

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Journal Info

Abbrev

jic

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with ...