Is an admonition to descendants considered a will to inherit land?

An admonition to descendants in written form

In fact, wills are not always made with the name "will", instead that wills are called "advices to descendants".

Illustration.

Pursuant to Article 630 of the 2015 Civil Code, an admonition to descendants expressed in the form of a document shall be determined as a lawful will that meets the following conditions:

(1) The amonisher has a clear mind and wise while making the admonition to his descendants; without being deceived, threatened or coerced.

(2) The content does not violate the prohibition of the law, does not violate social ethics. Consists of the following main contents: Day, month and year of making a written admonition to descendants; full name and place of residence of the founder; full name of the person, agency or organization entitled to land and property; property left behind and where the property is located. In addition, there may be additional content;

(3) The form is not contrary to the provisions of the law (usually the admonition to the descendants are presented in written without witnesses (typed or handwritten, signed by the maker), in addition, it can be expressed in written form with witnesses).

Note: Although the article is based on the Civil Code 2015 (effective from January 1, 2017), the conditions for the valid will are basically inherited and are in agreement with the  previous civil codes as well as inheritance ordinances (the 1990 Ordinance on Inheritance, Civil Code 1995, Civil Code 2005), so the "admonition to descendants" is considered a written will. copies if the above conditions are met.

Article 624 of the 2015 Civil Code provides:

"A will is an expression of an individual's will to transfer his or her property to another person after death."

It is not the written document that says "will" that is identified as a will, instead "a will is an expression of an individual's will to transfer his or her property to another person after death". This is also understandable, because the name (parts belonging to the external form) cannot determine the content and conditions to be determined as a will.

Therefore, the admonition to the descendants expressed in the form of a document is determined to be a legal will if all the conditions are satisfied according to the provisions of Article 630 of the 2015 Civil Code as analyzed above.

An admonition to descendants  in oral form

In order to determine that a verbal instruction to descendants is an oral will, the following conditions must be met:

- Must be a warning to the descendants of the person who is threatened by death and cannot make a written will.

- The person who instructs his descendants to show his/her final will to transfer his/her property to another person after his/her death in front of at least 02 witnesses and immediately after the person has instructed his/her descendants to express his/her will. Finally, the witness records, co-signs or uses fingerprint.

Within 5 working days from the date the oral testator expresses his/her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints of the witness.

Note:

- Everyone can testify to the making of wills in general and oral wills in particular, except for the following people:

+ Heirs according to the will or at law of the testator.

+ Persons with property rights and obligations related to the content of the will.

+ Minors, people who have lost their civil act capacity, people with difficulties in perception and behavior control.

- The document expressing the final will of the oral testator must be certified by a notary or a competent authority to certify the signature or fingerprint of the witness (not notarized or authenticated).

Thus, not all the children's advice is considered a will to inherit the land. In order to be considered a will, the instructions to the descendants must meet the provisions of the Civil Code.