Balikpapan Religious Court Decision No. 548 of 2013: Estate Distribution Claim Failed

The deceased passed away on 29 September 2007 in Balikpapan due to illness, leaving in his will seven properties. The plaintiffs were the nieces and nephews of the deceased, their fathers (also deceased) being the biological brothers of the deceased. They submitted that they had not been included in the will of the deceased as beneficiaries, and that, therefore, the will should be declared null and void. The first defendant was the wife of the deceased, and the third-fifth defendants were her adopted children. The second defendant was also a biological sibling of the deceased.

The plaintiffs submitted that the defendants had sold the bequeathed properties for a collective IDR 6.8 billion, without distributing to the plaintiffs their share of the proceeds. As there was no familial or blood relationship between the deceased and the third-fifth defendants, the plaintiffs submitted that they had no claim to the proceeds of sale.

The court found that the plaintiffs' claim failed, however, because it did not identify when the properties were sold. Moreover, while their claim did acknowledge that the properties had been sold, the plaintiffs still sought to have the properties stipulated as estate of the deceased that should be distributed in their favour. Rather, they should have requested that the proceeds of sale be stipulated as estate of the deceased. In addition, the court found that it was not authorised to invalidate a previous court determination handed down on 10 January 2012, which had found that the plaintiffs were not beneficiaries because their parents had passed away before the deceased.

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