This document discusses estate and succession planning in India through wills and trusts. It explains that estate planning can help manage assets and liabilities both during a person's lifetime and after their death, and distribute properties according to a will or succession laws. Common estate planning methods in India include wills and family trusts. The document outlines the structure and benefits of trusts, as well as succession rules for Hindus dying without a will. It provides details on drafting valid wills in India, including requirements for witnesses and executors. Benefits of registering a will are also discussed.

1. Estate & Succession Planning In India:
Will and other Instruments
Author:
Tuhin Batra

2. What is Estate & Succession Planning
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During the lifetime of Person – For management of Assets and Liabilities
After death of Person – For management of Assets and Liabilities
& Distribution and use of Properties

3. Methods of Estate & Succession Planning
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Through a ‘Will’Through a ‘Family Trust’
Distribution of Properties
through ‘Will’ of the
Person.
Living Trust Testamentary Trust
Created during the
lifetime Person
For administration and
management &
Administration of Properties
Created after death through
a pre-existing ‘Will’
This Trust will manage or
distribute the properties of
the Author of Trust

4. Trust Structure
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Settlor or
Author
(Person who gives his
properties to the
Trustee)
Trustee(s)
(Manages the
Property)
Beneficiaries
(Benefits from the
properties or income
derived from such
properties)

5. Benefits of a Trust for Estate & Succession
Planning
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- smooth transition of assets and flexibility to make distributions based on specific needs of
beneficiaries;
- providing for family members with special needs;
- strong governance mechanism to administer trust property;
- asset and creditor protection;
- spousal protection in case of matrimonial disharmony;
- protection against potential inheritance tax or estate duty;
- flexibility to adopt professionalised management and administration of trust assets; and
- limited role of court/judicial bodies.

6. Succession under Indian Law
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Death without a ‘Will’ Death with an existing, valid & legal ‘Will’
Distribution of all properties as per
Succession Law
(Hindu Succession Act, or Indian
Succession Act, as applicable).
For Properties mentioned
in Will
Properties not mentioned in
Will
Distribution of Properties as
per Succession Law.
(Hindu Succession Act, or
Indian Succession Act, as
applicable).
Distribution of Properties
as per the Will and Indian
Succession Act.

7. Succession for Hindu Male dying without
a Will (“Dying Intestate”)
(Term ‘Hindus’ include Hindus, Buddhist, Sikh and Jain)
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General Rule:
All Properties are distributed:
(a) To Class 1 legal heirs;
(b) If no Class I legal heir are alive, then upon Class 2 legal heirs;
(c) If no Class 1 or Class 2 heirs are alive, then upon the male relatives of the
person; and
(d) lastly, if there is no male relatives, then upon the female relatives of the
deceased.

8. Class 1 Legal Heir
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1. Son,
2. Daughter,
3. Widow,
4. Mother,
5. Son of dead son,
6. Daughter of dead son,
7. Son of dead daughter,
8. Daughter of dead daughter,
9. Widow of a dead son,
10. Son of dead son of a dead son,
11. Daughter of a dead son of a dead son,
12. Widow of dead son of a dead son.
13. Son of a dead daughter of a dead daughter,
14. Daughter of a dead daughter of a dead daughter,
15. Daughter of a dead son of a dead daughter,
16. Daughter of a dead daughter of a dead son.
Important: Father, Brothers, Sisters, and their further relatives are not
covered in Class 1 Legal Heirs.

9. Distribution of Assets in case of Hindu
Female dying without a ‘Will’
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General Rule:
All Properties are distributed:
(a) Upon the sons and daughters (including the children of any pre-deceased son or
daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.

10. What is a “Will”?
• A legal will is:
 A unilateral document
 Legal declaration of intention
 Contains testator’s desire to distribute the assets
 Distribution of assets to the beneficiaries
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11. What is a Will?
• A Will can be oral or written
• A written will is preferred for many reasons
• A will may be revoked or altered by the testator
• at any time during his life time
• either destroying it or by executing another Will or codicil
• Will becomes operative only after the death of the testator
• A will acquires legal character only after the Testator’s death
• Testator not divested of any right or ownership in the willed properties
• Testator has full right to use, manage & enjoy usufructs of willed properties
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12. Who is a beneficiary and who is an Executor?
• A beneficiary of a Will is any person capable of holding property under a
Will
• A “Executor’ is a legal representative of the deceased person (who has made
a Will) and who is either named or implied as an executor in the Will.
• An Executor is a person who disposes of or oversees the settlement of the
assets of the deceased person in accordance with the Testator’s wishes as
stated in the Will.
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13. Drafting of a ‘Will’

14. How to make a Will?
• There is no fixed format or template or language or any
technical words or terms to be used to make a Will.
• A hand written letter of the testator expressing his intention to
dispose his properties after his death can form a Will.
• The only condition is that its wording should be such that the
intention of the testator is clear and unambiguous
• Testator must sign or affix his mark to the will or it shall be
signed by some other person in his presence and by his
directions.
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15. How to make a Will? (Cont.)
• Two or more attesting witnesses required to sign on the Will in the
presence of testator
• Each Witness must have seen the testator signing or affixing his mark on
the Will
• Signified by “In witness whereof” or “That the Testator and Witnesses
have signed the Will in the presence of each other” just above the
signatures of the Witnesses
• Witnesses are the most important persons for proving the authenticity of
the Will in court
• We always advice our clients to choose wisely the attesting witnesses who
should be younger in age at the time of execution of the Will.
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16. Executor of the ‘Will’
- It is advisable to prescribe an “Executor” in a ‘Will’,
- Executor will be the person responsible to take all actions for the execution of
‘Will’ after death of Testator.
- Executor will also help filing of Probate Petition in the Court of obtaining the
Probate Certificate.
- If no Executor is prescribed in the ‘Will’ a petition for Letters of Administration
has to be filed by the beneficiaries in the Will and Court will appoint an Executor
by itself for execution of the Will.
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17. Benefits of a Registered Will Vs.
Un-registered Will
• Cannot be tempered, lost and stolen
• Remains in the safe and secret custody of the Sub-Registrar
• Presumed to be correct.
• If two Wills of the testator are produced one un-registered and the other
registered than the registered Will is admissible in evidence
• Property can be mutated in the names of the Legatees without obtaining a
Probate
• Marketability of title of the property which is inherited under a registered Will
is much better
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18. Stamp Duty and Registration of a ‘Will’
No Stamp Duty is payable on drafting a ‘Will’.
Registration Charges on ‘Will’ is merely INR 21 in NCT of Delhi.
In New Delhi registration of a ‘Will’ is not mandatory.
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19. Execution of ‘Will’ after death of Testator
Filing of Probate Case or a petition for Letters of Administration is mandatory in
Delhi.
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20. Your Lawyers Role in Managing your
Bequeath
 Identify assets that can be willed
 Help Gather your thoughts
 Clear expression of your intent
 Review to flag up legal risks
 Be a witness
 A custodian on unregistered will
 Help register your will
 Be an executor
 Structuring of complex bequeaths
 Structuring bequeaths of contingent
assets
 Advise on tax implications
 Bringing best practices to the
management of your estate
 Unburdening your legatees of the legal
processes in realizing their inheritance
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21. Thank You
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