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Deceased estate Bali Villa

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Qldpinoy

Hello all,

My husband (Australian) recently passed away. He was leasing 2 villas in Bali and renting them to holiday makers online. Does anyone know what happens with those villas on his passing?, is there any way of me claiming them?

Any help or advice would be appreciated

Thank you

Fred

I'm no lawyer so this is worth checking but, a lease might very well pass to you as his wife.

Qldpinoy

Hi Fred, Thank you for your input but I am not an Indonesian, he had a 15 year old son from previous marriage which is the ex wife is an Indonesian.

GuestPoster0210

A now deceased friend of mine who was also Australian passed away about 4/5 years ago and was married to an Indonesian lady with 2 children, he also leased property (this may be totally different from your circumstances) because his will and or Marriage was NOT registered in Indonesia or Australia (or both) his wife had no legal claim to his estate, this was also the case with his children as they was no proof they are his (born before marriage) and didn’t update birth certificate, I can’t say if he converted to Islam or if they married in a different country etc as mixed marriage
Like Fred has said definitely visit a reputable lawyer
Sorry for your loss

Ubudian

This poster wrote to me with a private message asking the same question, and my response was a bit different than those posted here so far:

I'm sorry to hear of your loss.

In general, lease agreements apply only to the named parties within the lease.  Unless you are specifically named in his lease (as a co-leasee), it is very doubtful that you will have much legal grounds to claim those agreements and rights of use as your own.

On the other hand you may well have a good cause to claim ownership on any personal property of your husband that is contained within those leased properties.

Good luck sorting this all out, and once again, my condolences.

Kind regards, Roy

bundy2

If it/s a Hak Pakai...leased lawfully...as far as I know...if he.s Australian...has kids in Aussie ...they can take over the lease..cheers/

fatahillah-hoed

Qldpinoy wrote:

Hello all,

My husband (Australian) recently passed away. He was leasing 2 villas in Bali and renting them to holiday makers online. Does anyone know what happens with those villas on his passing?, is there any way of me claiming them?

Any help or advice would be appreciated

Thank you


well, i assume you are still marriage with your late husband. I assume your late husband is catholic or protestan. So, Indonesian Civil Law Book (KUHPer : kitab undang-undang hukum perdata) is apply. If you have any kids also, that will be more right for you to claim. You can type in the google: Indonesian Civil Code. You download it than read it. from my understanding of that law:
1.if you still have marital status, you can claim part of those lease
2. if you are no longer have marital status, but have his children, you are entitle for your child.

So, just download indonesian civil Code (There is one of them from www.kuhper.com).

in Indonesia, i search terms "waris", so you will need to find the proper article, than you can decide whether you have right or not. Land is non movable assets, so your right or your child right shall be determine based on the law where the land located. good luck!...

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