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. 

(2) Wasiat hanya diperbolehkan sebanyak-banyaknya sepertiga dari harta warisan kecuali apabila semua ahli waris menyetujui. 

(3) Wasiat kepada ahli waris berlaku bila disetujui oleh semua ahli waris. 

(4) Pernyataan persetujuan pada ayat (2) dan (3) pasal ini dibuat secara lisan di hadapan dua orang saksi atau tertulis di hadapan dua orang saksi di hadapan Notaris.

According to the aforementioned explanation, Islamic law essentially permit you to leave your girlfriend or boyfriend a will. The amount, however, should not exceed one-third (1/3) of your inheritance.

Based on Customary Law

Based on Lex et Societatis, Vol. V/No. 1/Jan-Feb/2017, the three things that differentiate customary inheritance law from other inheritance laws are as follows.

1. In contrast to Islamic and Western inheritance laws, there is no equivalent of the legiteime portie or absolute part in customary law.

2. The rights of beneficiaries to demand that the inheritance be shared as soon as possible is not recognized under customary inheritance law.

3. According to customary law, inheritance property is not a unit that is valued for its market price but rather a unit that cannot be separated based on the types and interests of the beneficiaries.

According to the same source, basic guidelines of customary law include:

1. According to the replacement of place or plaatsvervulling concept recognized by customary law, a child is the beneficiary of his father and as such, the children of the deceased may take the position of the child.

2. If inheritance cannot be passed down through the generations (from parents to children), it might be distributed either upwards or sideways (to grandmothers or siblings).

So, we can make a conclusion that if we see through customary law's lens, then you can't give inheritance to your girlfriend or boyfriend. Since the members of the family who have blood ties with the heir, will be made as the beneficiaries of the inherintance.