Today’s Legal Enlightenment (Monday, 26 September 2022) – LAND BEQUESTS MAY NOT EXCEED ONE-THIRD OF THE DECEASED’S TOTAL INHERITANCE
A land bequest is a part of the deceased’s assets granted by the deceased during their life to one of their heirs. If the amount or area of land granted exceeds one-third of the total inheritance of the deceased, such grant is contrary to the law.
– Supreme Court Decision No. 76.K/AG/1992 dated 25 October 1993.
Additional notes from a public notary:
- If the grantor submits to the Islamic Inheritance Law, 1/3 of the entire inheritance can be passed on, not only land.
- For those subject to the National Inheritance Law, the limitation must not affect the absolute/legitime portie of the heirs of their biological children.
Best regards,
Fredrik J. Pinakunary
