Inheritance rights are a child’s legal entitlement to receive a portion of their parents’ estate. These rights are generally protected under Indonesian law. However, recent public discussions—such as reports about actress Nikita Mirzani potentially removing her daughter, Lolly, from her inheritance—have raised an important legal question: Can a parent revoke a child’s inheritance rights?
Legal Basis for Inheritance Rights
In Indonesia, inheritance is governed by multiple legal systems, including the Burgerlijk Wetboek (Civil Code) and the Compilation of Islamic Law (Kompilasi Hukum Islam / KHI). Both recognize a child’s position as a direct heir with certain rights to the estate of their parents.
However, these rights are not absolute. There are legal provisions that allow for revocation under specific circumstances.
When Inheritance Rights Can Be Revoked
- Criminal Acts Against the Testator
A child may lose their inheritance rights if they commit serious offenses against their parent (the testator), such as:
- Murder or attempted murder
- Physical assault
- Fraud or deceit aimed at unlawfully taking the parent’s assets
These cases are regulated under Article 838(1) of the Burgerlijk Wetboek and Article 173(a) of the KHI.
2. Dishonor Toward the Testator
If a child publicly shames or disrespects the testator—such as making false accusations of adultery or severely damaging their reputation—this may serve as grounds for disinheritance under the law.
3. Revocation by Will
Parents can exclude a child from inheritance through a legally valid will, made of their own volition. However, this must comply with formal legal procedures to be enforceable.
Legal Procedures for Revoking Inheritance Rights
There are three main legal pathways through which inheritance rights may be revoked:
a. Court Decision
A revocation can be pursued by filing a lawsuit in the Religious Court (for Muslim families) or the District Court (for non-Muslim families). The court will evaluate evidence such as criminal records, defamatory acts, or forged documents to determine whether disinheritance is justified.
b. Notarial Will
Under Article 875 of the Burgerlijk Wetboek, a testator can revoke or amend a will at any time by drafting a new will or annulling the previous one. This must be done through a notarial deed to ensure legal validity.
c. Restrictions: The Legitieme Portie
According to Article 913 of the Burgerlijk Wetboek, there is a mandatory portion of the estate—known as the legitieme portie—that must go to legal heirs in a direct line, such as children. This portion cannot be reduced or eliminated by will or during the testator’s lifetime. If a testamentary gift violates this rule, affected heirs can challenge it in court. The court may then reduce or annul the gift to preserve the heir’s rightful share.
Key Considerations
- Parental financial support obligations remain: Even if inheritance rights are revoked, parents are still legally obligated to provide financial support to their children while they are alive.
- Disinheritance is not a casual decision: The legal and emotional consequences of disinheriting a child are significant and long-lasting. It should be carefully weighed and legally documented.
- Consulting a legal expert is advised: To avoid invalid revocations or future disputes, it is strongly recommended to seek advice from a notary or inheritance law specialist.
- Family resolution is preferable: Before initiating legal action, families are encouraged to resolve conflicts through communication or mediation whenever possible.
Conclusion
While Indonesian law does allow for a child’s inheritance rights to be revoked under specific conditions, strict legal procedures must be followed. Moreover, parents cannot override the legitieme portie, which guarantees a minimum inheritance to biological children. Anyone considering disinheritance should understand the legal framework and seek expert guidance to ensure compliance with the law.