“THE HEIRS CAN REFUSE THE INHERITANCE, BOTH INHERITANCE IN THE FORM OF ASSETS OR DEBTS FROM THE TESTATOR”
The Applicant refused to become the heir of the late Johan Wicaksono because the Applicant did not want to bear the debt for the certificate guaranteed to the
bank.
Based on Article 1045 of the Civil Code, “no one is obliged to receive an inheritance that falls on them.” Jo. Article 1058 of the Indonesian Civil Code states,
“An heir who refuses their inheritance is deemed to have never become an heir.”
Decision: Grants the Applicant’s Application in its entirety and determines that Applicant I and Applicant II had
refused to inherit the legacy of the Late Johan Wicaksono, both regarding assets and debts from the testator.
Tangerang District Court Decision 1202/Pdt.P/2022/PN.Tng
Source:
Article entitled: “When Inherited Assets Are Not Enough to Pay Debts” by Hamalatul Qirani, Hukumonline.com, 6 April 2023.
Best regards
Fredrik J. Pinakunary