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@mugwump...I can Imagine it sounded confusing, so bear with me as I explain what I meant..
although, from your next post I think you already understand :)
Someone who's making a will at/with a lawyer (in Indonesia) might think haven taken care of things after he/she passes away...In her/his mind they have a legal will, but it's not a legal will because it wasn't notarised. It's still a will tough, just not legal
@islandchef..tell your notary exactly what you want...for example, you can even have the house/land in your childs name, with your wife as legal guardian till the child becomes 18 y.o.
don't read between the lines..i think the words are clear enough...:)
How will she be able to own the house? Won't the legal owner of the house be someone in your wife's family?All i want to do is buy a house & make sure that when i pass away,my wife will own the house.
It's a complicated situation and at least now you are working out the different scenarios.
Unless you read these kinds of forums or had a friend who had been down this path before, you wouldn't know about this issue.When we married i never imagined or was told that a pre nup,or lack of it would affect us so much in the future,my wife now being unable to own property.
Give a man a fish and he will eat for a day. Teach a man to fish and he will sit in a boat drinking beer all day.
Its all getting a little clearer but still frustrating & difficult but here is where i am now,even after talking with others who have purchased property there seems to be a different way of doing things for everyone.
Being a foreigner i cannot own land...accepted....so what if my name is not even used?
My wife cannot own property because we didnt make a pre nup....cant change that now...find a way around it.
Its pointless spending money to have a lawyer make a will because it will still have to be notarised...so get this done by the notary in the first instance.
Still waiting to hear from the notary but i have suggested that my brother in law purchase the property,make all the legal nominee papers or whatever is needed so wife owns or has power of attorney on this property.
My wife makes her will to leave the house to our child who i would have power of attorney over.
This is not an investment property,i just want a safe family home for us.
Dangerous for me i realise but this could be the safest,most legal way around this,lets wait & see what the notary says.
Pusing!
Well when you put it this way, I think it is simple and does not depend on wills. When you "buy" the property using a nameholder, you are actually signing a number of contracts with the nameholder that gives you rights to use, re-sell, etc. These contracts can be in both your names, and if one of you dies the contracts remain with the surviving partner.Originally Posted by islandchef
So, in your case, the brother-in-law could be the name holder, you could use the same set of contracts that many use, you and your wife couldboth sign (I don't know of any reason why she could not do this), and then wills do not come into it.
When talking to the notaris about the contracts - just check what happens if one of the signatories dies. I will be surprised if the survivor is not fully in control.
Last edited by ronb; 24-06-2011 at 09:48 PM.
Exactly
don't read between the lines..i think the words are clear enough...:)
I was told by a very reputable notaris that you can draw up a will in Bali but you will 1 will per certificate title you own. There didn't seem to be an option to have the 1 will for a group of assets. If you are not Indonesian it will help to have a will from your home country that basically says the same thing regarding the beneficiaries of any homes here in Bali.
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