Affidavit of Indonesian Law (Wealth Inheritance)

Strategies, Law & Effective Ways to Create an Affidavit & Claim Inheritance for Indonesian Citizens (WNI) Abroad

Explanation & Background On The Creation of an Affidavit

In international legal practice, an affidavit is a crucial legal document for Indonesian citizens (WNI) who own assets abroad.

This document is important in the process of identifying legitimate heirs when the asset owner passes away. This is because the country where the asset is located often lacks sufficient information about who the legitimate heirs are according to Indonesian law.

For example, an Indonesian citizen might own property or a bank account in Singapore. When the individual passes away, the heirs need to provide an affidavit to prove their rights to those assets.

Law firms with specialized expertise in Indonesian inheritance law & international law prepare affidavits.

Basic Principles of Creating an Affidavit

The creation of an affidavit follows the basic principles of inheritance law applicable according to the nationality of the deceased. For Indonesian citizens, Indonesian inheritance law is the primary reference.

Law firms must have a deep understanding of this law, especially when it involves the civil law of foreign countries. In cases related to Islamic inheritance law, attorneys at the law firm often refer to experts who specialize in this area.

Role of CHP Law Firm as Attorney in Creating Inheritance Affidavits

Process of Creating & Using an Affidavit

Steps at CHP Law Firm::

Understanding the Case: Initially, CHP engages in in-depth discussions to understand the case, including identifying the asset owner & their relationship with the heirs.
Gathering Information: The law firm will inquire about the legitimacy of the marriage & collect more detailed information about the heirs.
Handling Disputes: Disputes among heirs are common. CHP plays a role in finding solutions to these mistrusts & disputes, aiming to create a mutual agreement.
Creating Power of Attorney: A power of attorney involving all heirs is created to ensure that each party has a voice in the process.
Developing Solutions: CHP will provide various solution options & assist the heirs in reaching a mutual agreement.
Final Resolution: When entering data into the affidavit, issues often arise, such as the physical absence of all heirs, which is then resolved by appointing a representative bound by a specific statement.

The contents of the Affidavit include crucial information such as:

the deceased's status as an Indonesian citizen
the legitimacy of the marriage according to Indonesian law
the number & names of legitimate children, and
proof of death & a certificate of heirship.

This information is essential to facilitate the legal process in the country where the assets are located.

Risks & Risk Management in Creating an Affidavit

Negative Risks

Disputes Among Heirs: These disputes can arise if the affidavit isn't drafted properly & can lead to prolonged conflicts.
Impact on Reputation: Dissatisfaction with legal services can negatively affect the law firm's reputation

Risk Management

To avoid the aforementioned risks, it's crucial for attorneys at the law firm to remain impartial & not favor any single heir. In cases involving heirs living abroad, it's important for the attorneys to accommodate the interests of all parties involved.

This is usually achieved through collective meetings to ensure that all heirs understand the importance of cooperation & mutual trust.

Attorneys at the law firm should strive to overcome the mistrust & concerns of the heirs to create a solution that addresses all their worries.

Role of the Embassy or Consulate in Creating an Affidavit

Diplomatic Involvement

The Indonesian embassy or consulate plays a vital role in assisting Indonesian citizens abroad, especially in the process of creating affidavits. They often act as a communication bridge between Indonesian citizens & local authorities, providing information & administrative support.

Document Facilitation

In some cases, the embassy or consulate also assists in the document legalization process required for creating an affidavit. This includes verifying legal documents such as birth certificates, death certificates & marriage certificates.

Impact of Documentation on Legal Processes

Incomplete or inaccurate documentation can lead to complications or the rejection of an affidavit by the authorities in the country where the assets are located. Therefore, ensuring that all documents are current & comply with legal standards is key.

CHP Law Firm, The Preferred Law Firm for Creating Affidavit

Selection Criteria

CHP Law Firm is an ideal choice for creating affidavits due to its specialized expertise in:

International law
extensive experience with similar cases
a well-maintained & proven reputation.

Additional Considerations

References & Reviews: Seeking references from CHP's previous clients can provide insights into the quality of service & the success of cases they have handled.
Communication Skills: CHP is capable of clearly explaining the legal process & assisting clients in understanding each step.
Multilingual Support: The ability to communicate in multiple languages is an added value at CHP Law Firm.

All these criteria minimize the risk of disputes among heirs & ensure that the legal process runs smoothly & effectively.

CHP's role in this process is critical given the complexity & sensitivity of cases that often arise.