Will Writing for Expatriates in Indonesia (Last Will and Testament)
GMS Indonesia offer a Last Will And Testament writing service for British Expatriates living in Indonesia. At present we are only able to offer a will writing service for British nationals only.
Why should I make a Will?
It is a sad fact that 3 out of 10 people have actually made a valid will. One common objection is that many people assume that their next of kin will automatically inherit everything that they own. This is not always the case – the laws of intestacy actually work in mysterious ways. Also simultaneous deaths can have strange effects as everything passes to the relatives of the deemed last to die.
Intestacy is where someone dies without making a Will. Their estate passes to certain members of the family under rules made by law. Sometimes, property has to be divided in a way you wouldn’t expect. In some cases it may deprive a surviving spouse of his or her home. Special problems occur when people live together and are not married. Property and money may also pass to distant relatives or, if you have no relatives, to the State. It can cause administrative problems, and those who administer your estate may not be the persons of your choice.
There are many reasons for making a Will, but the two main reasons are:
- It is a way by which you can control who gets your property after your death; and
- Your assets can be managed properly and put to their best use by the person (or people) you choose to administer your estate.
Finally reviewing your will – you must review your will regularly, particularly when there is a change in circumstances. If you do not make a will, your estate will be distributed under fixed riles of law; it may not benefit the people that you want it to.
Revoking your will
Destruction – you can revoke your will by burning it or destroying it another way yourself. Unless you execute another will (which it is best to have done already) your estate will pass as if you had died without making a will.
By marriage – If you marry after making your will, the marriage cancels the will unless the will made it clear that your marriage would not affect it. You can do this by wiring in the will: “This will is made in contemplation of my marriage with ……………and should not be revoked thereby.” If at the time of making your will you have no immediate plan to marry then obviously you can’t use these words. You must therefore make another will when you marry.
Effect of divorce – If your will appoints your spouse as executor and you then divorce your spouse will no longer be your executor; and can’t apply for probate of your will. Similarly, the law now states that if your will contains gifts to your former spouse that gift will lapse, that is, not pass to him or her. This is because your former spouse is treated as though he or she died on the date of divorce. If you make a gift to your spouse, but subsequently divorce, the gift will pass to the person(s) whom you wish to benefit if your spouse does in fact die before you. However, if you want to leave a gift to your spouse even if you divorce, you must state in your will that the gift should still pass on even if you divorce.
- Have you made your last will and testament?
- Have you decided who will benefit in the event of your death?
- Have you decided who will administer your estate?
- Have you considered that your will may require alterations because your circumstances have changed?
- Have you considered the effect of taxation on your estate when you die?
- Have you considered that there could be a more tax efficient way to plan your estate?
- Have you assets outside your home country and how are these affected by your will, and international taxation?
How can I get a Will written in Indonesia?
Please begin by filling out the following form and return to [email protected]