Legal Implications of Heir's Incompetence and Violation of Legitime Portie on the Will Reduction Mechanism

Will Curatorship Legitimate Portion Abbreviation Class I Heirs

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November 10, 2026

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Testamentary deeds made by testators under curatorship raise questions about legal capacity and the protection of heirs' absolute share (legitime portie) under the Indonesian Civil Code. This study analyzes the validity of a will made by a testator under curatorship, comparing the requirements of a valid agreement with will formalities, and evaluates inkorting as a remedy for wills that infringe the legitime portie of Class I heirs. The research employs a normative juridical method with statute and case approaches, using the Civil Code and court decisions as primary legal materials and literature as secondary materials. The findings indicate that curatorship does not automatically render a will null and void; it remains valid if the formalities are fulfilled and no defect of consent, such as duress, fraud, or mistake, is proven. Infringement of the legitime portie does not nullify the entire deed but is resolved through proportional reduction until the absolute share of Class I heirs is met. The study concludes that disputes must distinguish defects in the validity of the deed from violations of the legitime portie, thereby ensuring legal certainty and protecting the rights of heirs.