Family documents

Wills in Bali for property and family in Indonesia

A will made before an Indonesian notary, in Bahasa Indonesia, is the clearest way to pass on property, leases and company shares in Bali.

Retired foreign couple reviewing a will with a notary in Bali

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A will in Bali is a notarial deed made before an Indonesian notary, in Bahasa Indonesia, that says who receives your Indonesian assets. Foreigners are often surprised to learn that a will made at home may not be enough for property here. Indonesian inheritance law can apply to Indonesian assets, and an unrecognised will leaves your heirs with delays and disputes at the worst possible time.

Fees: a notarial will is quoted before drafting, with the notary's fee and Rp 10,000 stamp duty per document. See notary fees in Bali.

Is a foreign will enough for property in Bali?

Indonesia has three inheritance systems: civil law, religious law and customary (adat) law. Foreigners generally fall under civil inheritance law, but which rules apply can depend on whether the asset is land or money, and on who the heirs are. A foreign will may not be enforceable here without more steps. The safer approach is a will in your home country for assets there, and a separate Indonesian will for assets here.

What happens to each kind of property on death?

Hak Pakai. It can pass to an heir who also qualifies for Hak Pakai, with approval from the land office. If the heir does not qualify, the property may have to be sold.

A lease. A villa or land lease can pass to your heirs if the lease allows it to be assigned on death. Many leases are silent on this, so check yours. See lease agreements.

Shares in a PT PMA. They pass under your will or succession law, which brings in company procedures too. See company deeds.

Freehold held by an Indonesian spouse. In a mixed marriage, the separation of property in a prenup or postnup shapes what forms part of an estate.

Freehold inherited by someone who cannot hold it. That heir has one year to sell or transfer it.

How is a notarial will (surat wasiat) made in Bali?

  1. List your Indonesian assets and how each is held: certificate, lease, shares, accounts.
  2. Name your heirs clearly, with their nationality, which matters for land.
  3. Draft the will in Bahasa Indonesia, with an English translation so you know exactly what it says.
  4. Sign before the notary, who records it as a notarial deed.
  5. Register it where needed. Registration with the district court may be required to avoid any doubt.

Why plan the ownership structure as well as the will?

A will cannot give an heir a title the law does not allow them to hold. If your heirs are foreign, or minors, the way you hold the property today decides what they can receive. Buying property in Bali compares the options. The first consultation is free, and that is the right moment to raise inheritance, before the deed is signed.

Good to know

Questions people ask

Is my foreign will valid for property in Bali?

It may not be enough. A foreign will is not always enforceable in Indonesia, so a separate Indonesian will in Bahasa Indonesia, made before a notary, is the safer route for Indonesian assets.

Which inheritance law applies to foreigners in Indonesia?

Indonesia has civil, religious and customary inheritance systems. Foreigners are generally under civil inheritance law, but the answer can depend on the asset and on the heirs.

Can my heirs inherit a Hak Pakai title?

Only if the heir also qualifies for Hak Pakai, with approval from the land office. If not, the property may have to be sold.

What happens to my villa lease when I die?

A lease can pass to your heirs if the contract allows it to be assigned on death. Check the clause now, while you can still change it.

Is there inheritance tax in Indonesia?

There is no separate inheritance tax. An inheritance is not taxed as income under the income tax law. When inherited land or a building is registered in the heir's name, the regional transfer tax (BPHTB) applies, with the threshold set by each regency.

What if my heir cannot hold freehold land?

An heir who cannot hold inherited freehold has one year to sell or transfer it. Planning the structure in advance avoids a forced sale.

Is a surat wasiat the same as a will?

Yes. A surat wasiat is a will. For Indonesian assets it should be in Bahasa Indonesia and made before an Indonesian notary, and registration with the district court may be needed.

Talk to the notary team

Plan your Indonesian will

Tell us what you own in Indonesia, how it is held and who your heirs are. You get the steps and the fee.

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