Can You Give Inheritance to Your Boyfriend or Girlfriend?

What is the first thing that comes to mind when you hear the word "inheritance? Some of you probably answered, "I will get lots of money and assets from my parents." Or even conflict between your family members, fighting each other to get a bigger part of an inheritance.

Regardless of all of that, we all know that inheritance is a family matter. That means outsiders or people that don't have any "connection" with the family, can't get involved in this. But what if I told you that you can share or give your inheritance to your boyfriend or girlfriend?

To answer that question, we can use three legal perspectives that exist in Indonesia. Code of Civil Law (KUHPerdata), Islamic law, and Customary law.

Based on Code of Civil Law (KUHPerdata)

An heir may name a person as a beneficiary under the Civil Code. A testament grant, as it is commonly known, allows a will to be used only as a gift. As stated in Article 957 of the Civil Code:

Hibah wasiat ialah suatu penetapan khusus, di mana pewaris memberikan kepada satu atau beberapa orang barang-barang tertentu, atau semua barang-barang dan macam tertentu; misalnya, semua barang-barang bergerak atau barang-barang tetap, atau hak pakai hasil atas sebagian atau semua barangnya.

So, the Civil Code permits leaving a will to a girlfriend or boyfriend. This is permitted as long as it complies with the rules, such as refraining from jumping hands (fidei-commis) or giving the adulterous partner a will, as stated in Article 909 of the Civil Code. 

Based on Islamic Law

According to Islamic law, anyone can essentially receive a will. A will is meant to be a gift from an heir to  the beneficiary of the will.

The will is distributed after the testator's death, unlike the grant, which is when it is given. A grant has no such limit, although a will generally contains a maximum limit of one third (1/3) of the inheritance.

According to the KHI's (Kompilasi Hukum Islam) Article 195, paragraphs (3) and (4), a will made to a beneficiary is legal if it has the support of all other beneficiaries. The declaration of approval must be given either orally in front of two witnesses or in writing in front of two witnesses and a notary.

(1) Wasiat dilakukan secara lisan dihadapan dua orang saksi, atau tertulis dihadapan dua orang saksi, atau dihadapan Notaris.