A handwritten will signed by two witnesses is considered valid

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 5th August, 2020 and the online edition of the same can be found here.

My father passed away intestate. We are three siblings. My mother and I live in the house owned by my father, and I want this property to be transferred in my mother’s name. My brother and my sister live separately. Is there a way in which the house can be transferred to my mother without any involvement of my brother?

SUSPICIOUS CIRCUMSTANCES & WILLS

The Supreme Court in the case of Kavita Kanwar v. Mrs. Pamela Mehta (“Kavita Kanwar case”), has extensively discussed certain key factors that may render a will surrounded by suspicious circumstances as invalid.

While drafting, a will may bring up feelings of discomfort, it is one of the key elements of estate planning and ensures that the testator’s wishes for distribution of his or her assets is met. Additionally, it brings about a sense of security in the testator in relation to their assets, and when considered, the advantages of drafting a will, outweigh the temporary discomfort caused by the process.
Continue Reading Suspicious Circumstances & Wills

‘In terrorem clause’ is used to reduce chances of challenge to a Will
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The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 7th July, 2020 and the online edition of the same can be found here.

I live in the US. I have made a Trust deed before a notary in Texas, with my children as beneficiaries. The deed has a foregoing clause, which says claims filed by my heirs challenging the conveyance of my assets to my children will result in the forfeiting of the rights of the claimants if they fail to prove that the conveyance transactions were effected on the legal grounds of fraud, coercion etc. Is the foregoing clause valid in India?

—KB


Continue Reading ‘In terrorem clause’ is used to reduce chances of challenge to a Will

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 26th May, 2020 and the online edition of the same can be found here.

My parents have a flat in a housing society in Gurugram and it’s in their joint names. My father is no more and according to his Will (not registered or probated but notarized and on stamp paper with two witnesses), all his property and wealth went to my mother. Now, she has a Will, dividing all her fixed and movable wealth among her three children. If we need to sell the property after our mother dies, what are the steps we should take for smooth sale? The conveyance deed is original, with the names of both my parents. Since we do not live in Gurugram, we want to avoid running around to different departments. Can you give us the right procedure? Is there any agency that can help us in Gurugram? Will there be any tax liability at the point of sale? Who will need to bear it?

—Anshi Dorairaj


Continue Reading Without a Will, all Class 1 heirs inherit equal share in a property

Online Wills India
Photo: istock via livemint.com

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 28th April, 2020 and the online edition of the same can be found here.

What is the validity of online Will services? Are they enforceable in law? Also, if I am using such services, what are the things I should keep in mind?

—Kumar
Continue Reading Online Wills are not equipped to handle estates with any complexity

Codicil Change or Alter a Will
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The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 14th April and the online edition of the same can be found here.

I am 54. I want to add some more things to my existing Will. Will I need to make a new one or can an existing Will be altered? If an existing Will can be altered, what is the procedure?

—Nirav


Continue Reading You can add or delete parts of your Will through a codicil

Wills In The Time Of Corona - Challenges And Solutions

In these uncertain times of a global pandemic, there is increased interest in succession planning, including through Wills, and understandably so. Yet, there are considerable practical and legal challenges involved in making a Will during social distancing, isolation or quarantine. In this blog post, we discuss these challenges in the Indian context and suggest potential solutions. While it may not be possible to find foolproof solutions, and unfortunately technology is not yet an ally, there are some measures that may help to overcome prevalent complications in creation of Wills.
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TESTAMENTARY TRUSTS or Will Trusts – OVERVIEW AND INSIGHTS

Trusts are recognised internationally as favoured vehicles for estate and succession planning. Although most private asset-holding trusts are created during the lifetime of the creator (settlor), there is another category of trusts called testamentary trusts. As the term suggests, testamentary trusts (also known as ‘Will-trusts’ in certain jurisdictions) are formed through testamentary instruments such as a Will, and which take effect only upon the death of the creator. This post seeks to provide an overview of the Indian law on testamentary trusts, and offer insights into their creation, function and utility.
Continue Reading Testamentary Trusts – Overview And Insights

Will and testament
The Indian Succession Act does not make it compulsory to appoint an executor of a Will, (iStock)

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on and the online edition of the same can be found at: https://www.livemint.com/insurance/news/it-is-not-necessary-to-appoint-a-lawyer-as-executor-of-your-will-11580203086115.html

My life insurance policies have nominees. But I want the life insurance proceeds to go to a few other people, too. I wish to specify the same in the Will. Can it get challenged as the nominee names are different?