A notarial will (surat wasiat notaris) is most commonly made as a will by public deed (wasiat dengan akta umum): the testator tells the notary their wishes, the notary sets them out in a deed, and the deed is read and signed before two witnesses. The KUHPerdata (Indonesian Civil Code) also recognises a will written in the testator's own hand and then deposited with a notary, and a secret will handed over in a closed form. The notary reports every will deed to the Pusat Daftar Wasiat (Central Register of Wills), so that its existence can be traced after the testator dies.
What a will is and who can make one
Article 875 KUHPerdata defines a will as a deed containing a person's statement of what they wish to happen after their death, which can be revoked. It may appoint heirs to all or part of the estate, give a specific item to someone (hibah wasiat, a legacy), or appoint an executor.
Requirements for the testator:
- Of sound mind when making the will (Article 895 KUHPerdata).
- Aged at least 18 (Article 897 KUHPerdata). Under the Kompilasi Hukum Islam (KHI, Compilation of Islamic Law), at least 21, of sound mind, and free of duress (Article 194).
- Makes the will alone. Two or more people may not make their wills in one deed, so a husband and wife each make their own will deed (Article 930 KUHPerdata).
Three forms of will under the KUHPerdata
Article 931 KUHPerdata recognises only three forms:
| Form | How it is made | Witnesses | Notary's role |
|---|---|---|---|
| Will by public deed | The testator tells the notary their wishes, and the notary writes them in a deed (Articles 938–939) | 2 | Drafts and keeps the minuta (original deed) |
| Holographic will | Written entirely by hand and signed by the testator, then deposited (Article 932) | 2, on the deed of deposit | Makes the deed of deposit and keeps the will |
| Secret or closed will | Signed by the testator, placed in a closed and sealed envelope, then handed over (Article 940) | 4 | Makes a statement deed on the envelope and keeps it |
A holographic will that has been deposited has the same force as a will by public deed (Article 933). A will by public deed gives greater certainty because the notary drafts and reads out its contents, so the testator's wishes are recorded in clear legal language. Holographic and secret wills keep the contents private, but the wording is entirely the testator's responsibility.
Limits on a will: reserved shares and one third
A will cannot dispose of property with complete freedom.
- Under the KUHPerdata, heirs in the direct line have a reserved share (legitieme portie) that a will cannot reduce (Article 913). For children, the reserved share is half of their statutory share if there is one child, two thirds if there are two children, and three quarters if there are three or more (Article 914). An heir whose share is infringed may claim a reduction (Article 920).
- Under the KHI, a will may cover at most one third of the estate, unless all heirs agree. A will in favour of an heir is valid only if all heirs agree (Article 195).
- Marital joint property. A testator who married without a marriage agreement can only leave by will their own share of the joint property (harta bersama).
The inheritance law that applies to the testator decides which limit is used. For this reason, the notary usually asks about religion, marital status and family composition before drafting the will.
Steps to make a notarial will by public deed
- Outline your wishes: who will receive, which assets, and whether an executor is needed.
- Meet the notary to discuss those wishes and their legal limits. The notary prepares a draft deed.
- Signing. The testator attends in person before the notary and two witnesses. The notary reads out the deed, the testator confirms that it reflects their wishes, and then the testator, the witnesses and the notary sign. Heirs, beneficiaries and their close relatives, among others, cannot be witnesses (Article 944 KUHPerdata).
- Safekeeping. The notary keeps the minuta. The testator may receive a copy.
- Reporting. The notary reports the will deed to the Central Register of Wills.
If the testator is elderly or ill, some notaries ask for a doctor's statement to strengthen the evidence that the testator was of sound mind when making the will.
Reporting to the Central Register of Wills
The notary must send a list of deeds relating to wills, or a nil list if there are none, to the Central Register of Wills at the Ministry of Law within five days in the first week of each following month (Article 16(1)(j) UUJN, the Notary Law). The procedure is now governed by Permenkum 16/2025 (Regulation of the Minister of Law), which revoked Permenkumham 60/2016.
What is reported is the testator's details and the deed's details, not the contents of the will. After the testator dies, the heirs, a notary or an interested party can apply for a Surat Keterangan Wasiat (Certificate of Wills) to find out whether a will is recorded and with which notary. This is what the notary checks when preparing a certificate of inheritance.
Changing or revoking a will
During their lifetime, the testator may change or revoke the will. Revocation is made by a later will or by a specific notarial deed (Article 992 KUHPerdata). A holographic will can also be asked back from the notary, and by that return it is deemed revoked (Article 934). A periodic review makes sense when there is a major change, such as a marriage, a divorce, a birth, or the sale of an asset left by the will.
Documents to prepare
- The testator's KTP (identity card) and kartu keluarga (family card); passport and residence permit for foreign nationals
- Marriage certificate, divorce certificate, and marriage agreement if any
- Details of the beneficiaries and the executor: full names and identification
- An outline of the assets to be left by will, for example land certificates or account details, if the will names specific assets
Legal basis
- KUHPerdata: Articles 875, 895, 897, 913–914, 920, 930–944, 992, 1005
- Kompilasi Hukum Islam (Inpres 1/1991): Articles 194–209
- UU 30/2004 on the Office of Notary as amended by UU 2/2014: Article 16(1)(j), (k) and (m)
- Permenkum 16/2025 on Reporting of Wills and Applications for a Certificate of Wills
Frequently asked questions
Can a husband and wife make one joint will?
No. Article 930 KUHPerdata forbids two or more people from making their wills in one deed. Each makes their own will deed, and the contents may relate to each other.
Will the heirs know the contents of the will before the testator dies?
Not automatically. The minuta is kept by the notary, and copies are given only to those entitled. The Central Register of Wills records only that a deed exists, not its contents.
What is the difference between a will and a gift?
A gift (hibah) takes effect while the giver is alive and cannot be withdrawn except in certain cases. A will takes effect only after the testator dies and can be changed until then. See gifting land to a child.
What happens to a closed will after the testator dies?
A will kept in closed form is opened according to the procedure in the KUHPerdata, with the involvement of the Balai Harta Peninggalan (Estate Office), and its contents are then carried out by the heirs or the executor.
A will is a personal decision that depends on each family's circumstances. If you would like to discuss it privately, you are welcome to arrange an appointment with our office.