Legal Certainty of the Position of the Executor of the Will in the Deed of Will

DOI

10.2991/978-2-494069-93-0_49How to use a DOI?

Keywords

Executor of Will; Deed of Will

Abstract

A will (testament) is a deed that includes a person's declaration of what he intends to happen after his death and the process by which it can be changed. The people named as heirs are listed in the testator's will, which may also include information about the inheritance split among the heirs. In a will (testament) it can also contain gifts in the form of one or several certain objects, for example, the gift of a car and so on. Giving through a testament is called a testament grant (legaat). In the event of a will grant deed, a notary can offer advise or input to the testator so that the will that is produced does not stray from the rules that have been defined, which could have negative effects on the deed's legality. A testamentary grant can be made by the testator himself or notarially. The Civil Code's Article 1020 states that: “If the heir does not appoint people who will act as a substitute for the manager who is unable to attend, then this will be determined by the District Court after hearing the prosecutor's office,” where there is an empty standard if the executor of the will has no replacement to carry out the duties as executor of the will. This explanation indicates that it is unclear when the task of carrying out the Civil Code's intention will be completed (fuzzy norms).

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Karti Komalasari
AU  - I Nyoman Putu Budiartha
AU  - Putu Ayu Sriasih Wesna
PY  - 2023
DA  - 2023/01/25
TI  - Legal Certainty of the Position of the Executor of the Will in the Deed of Will
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 405
EP  - 415
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_49
DO  - 10.2991/978-2-494069-93-0_49
ID  - Komalasari2023
ER  -