bagian mutlak
Also called: legitieme portie
An inheritance share that a will may not violate for certain heirs.
What it means
Bagian mutlak, or legitieme portie, is the portion of an inheritance guaranteed by law for certain heirs, especially the children of the deceased. The deceased may not eliminate this portion through a will. The size of this portion is regulated by the inheritance law applicable in Indonesia.
Why it matters for families
This term limits a person's freedom to arrange their inheritance as they wish. If misunderstood, the deceased could make a will that exhausts all property for one child and ignores the others. Such a will risks being annulled or corrected in court. The family needs to know each child's minimum rights.
Example
For example, a father wants to give all his property to his eldest child through a will. The other children are still entitled to their bagian mutlak. An estate planner needs to calculate that portion first before dividing the remainder according to the wishes.
Common misunderstanding
There is an assumption that a will always overrides a child's rights. The correction is that bagian mutlak actually limits the will, so children still have rights that cannot be removed.