New Procedures for the Reporting of Testaments and for Applications for Testament Certificates via Electronic Means

The Ministry of Law and Human Rights (“Ministry”) has issued Regulation No. 60 of 2016 on Procedures for the Reporting of Testaments and Applications for Testament Certificates via Electronic Means (“Regulation 60/2016”) in a bid to offer a more effective service regime relating to testaments.[1]
 
With this goal in mind, Regulation 60/2016 sets out a number of guidelines which should be followed by notaries during the implementation of the new electronic documentation system for the submission of lists related to testaments, as well as during applications for testament certificates. In a nutshell, these guidelines encompass the following areas:
 

1.	Lists relating to the testaments that must be drawn up by notaries;
2.	Procedures for the submission of said lists; and
3.	Testament certificates.

 
Testament-Related Lists
 
Testaments are defined as deeds which contain statements from a given person regarding their wishes in the event of their passing away, although said person may subsequently revoke any such statement later.[2] In relation to testaments, notaries are currently required to draw up the following lists (collectively referred to as “Testament-Related Lists”):[3]
 

1.

Testament lists, which refer to reports that list the various testament deeds drawn up by a notary during the course of a given month (based on the time at which the deeds are created). The following types of testament deeds must be reported: (a) General testaments; (b) Privately made testaments (wasiat olografis); (c) Grant testaments; (d) Secret or confidential testaments; or (e) Testament revocations; or

2.

Null lists, which refer to reports that must be made if no testament deeds are drawn up before a notary during the course of a given month.

 
Both testament lists and null lists must be submitted electronically by notaries to the Testament Lists Center (“Center”)[4] via the official website of the Directorate General of General Legal Administration of Ministry (Direktorat Jenderal Administrasi Hukum Umum – “AHU”).[5]
 
Ultimately, notaries will be held liable for the accuracy of any information which is set out in any of the abovementioned Testament-Related Lists.[6]
 
Submission Procedures
 
Notaries are required submit their Testament-Related Lists to the Center by no later than the fifth day of the following month.[7] The full procedures involved in the submission of any Testament-Related Lists are as detailed below:[8]
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