Seizure of Inheritance
According to the Civil Code (Civil Code), there are two ways to obtain inheritance: absentatio and testament.
Inheritance based on testamentair means inheritance is based on the will of a deceased person (the testator). Inheritance with the will must be made with a will. A will or testament is a letter or deed containing a person's statement about what he wants later on his wealth after he dies.
A will must be made in the form of a deed or letter (signed by the testator), and may not be in verbal form only. The letter must contain a strict statement from the testator about what will happen to his assets if he dies later. Before the testator dies, the will can still be revoked or changed by the testator.
In order for a will to be of legal value and not defective, the following must be considered:
The heir must be an adult, that is, he must be at least 21 years old.
The inheritance object to be inherited must be clear and explicit, and is the property of the testator.
The object of inheritance is not something that is against the law or contrary to decency and public interest.
The heir has a sound mind (is not disturbed by his soul), signs a will without pressure or coercion, is not in error or error, and is not under control.
Absentatio inheritance is inheritance according to the law because of family relations (blood relations). In contrast to absentatio, inheritance based on testamentair is done by designation, namely the heir (the person who left the inheritance) during his life has made a will (testament) which designates someone to receive the inheritance he left behind later.
Inheritance absentatio divides the heirs of 4 (four) groups:
Group I, i.e. if the heir is married, the heirs will be the wife / husband and / or children of the heir.
Group II, i.e. if the heir is not married, or has been married but is divorced and has no children (do not have heirs of Golongn I), then the heirs are parents (father and mother) and / or siblings.
Group III, If the heir does not have a familial relationship in Group I and Group II above, then the heirs are the family in a straight line up, both from father and mother.
Group IV, if the heir does not have familial relations in Group I, Group II and Group III above, then the heirs are the relatives of the heirs in the lineage sideways to the sixth degree.
Below is an example of the case for the Seizure of Inheritance, in which a former husband who has died and his property becomes a struggle between the deceased mother and ex-wife of the deceased, the following is the story.
Adi Firansyah Legacy Seizure Session
The case of the struggle for the legacy of the late Adi Firansyah finally wrote to the Court. The first trial of this case was held on Thursday yesterday at the Religious Court. The legacy of the young pesinetron who died in a motorcycle accident, became a dispute between the late mother and Nielsa Lubis, Adi's ex-wife.
Nielsa demanded that Adi's inheritance be immediately divided. Nielsa reasoned that she only fought for the rights of Chavia, the daughter of her marriage to Adi. While Ibu Adi said that basically, she did not object to the distribution of her deceased son's assets. But regarding the house in Cikunir, Bekasi, he insisted it would not sell, waiting for the big Chavia.
According to Nielsa Lubis, Former Wife Alm Adi Firansyah, "I want a peaceful settlement and for the distribution of inheritance anyway for Chavia anyway. We have tried it as a family but there is no solution. "
According to Mrs. Jenny Nuraeni, Alm Almadi Firansyah's Mother, "If the division is sure to be given to Nielsa and Chavia. Distribution for Chavia 50% and in the notary must be written for me, Nielsa and Chavia. The house will not be sold waiting for Chavia to grow up. "
Apart from fighting for rights, the emergence of this problem invited concern. Because the fuss over inheritance feels embarrassing. In addition, it is very unfortunate if because of this problem the family relationship of the deceased with Nielsa became a tapered mine.
Before this, they were no longer in communication. Good relations should continue to be maintained, even though Adi and Nielsa are divorced, because this can affect the psychological development of Chavia.
"I have never communicated since divorce and my in-laws have never communicated with Chavia (rarely)," Nielsa Lubis said.
"How can I still be in-law and I'm very disappointed with him. I am ready to give love for Chavia's rights, "said Mrs. Jenny Nuraeni.