Estate Planning

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The rights of a legal heir supersede the rights of a nominee
Source: Livemint.com

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article in the  following Q&A which was published by the Mint Newspaper on 07th July, 2021 and the online edition of the same can be found here.

My father and mother passed away after they came down with covid. My father had made a registered Will in 2015. According to that document, my nephew has been named the claimant of all his liquid assets. However, after 2015, my father declared me as his nominee in almost all his bank accounts. Under these circumstances, who is the rightful claimant of my father’s liquid assets, my nephew or myself?

—Name withheld on request

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A nominee is obligated to hand over the assets to the Legal Heir
Photo Credit: Livemint

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, 2021 and the online edition of the same can be found here.

My father passed away at the age of 79 in February. In his will, he has mentioned 50:50 share to both the sons. My mother passed away seven years ago. These are the queries…

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Continue Reading A nominee is obligated to hand over the assets to the legal heir

Inheritance in absence of 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 31st March, 2021 and the online edition of the same can be found here.

I got married to a widower with an adopted girl, who is now 25 years old. The property is in the name of my husband, who’d told me that he had explained to the daughter that I would get the property after his death and then to her as she is the only child. The house we stay in is in his name, with the nominee being his daughter. He is not taking initiative to discuss or make both of us secure. Please advise the best course of action. She neither wants to get married nor take up a job.

— Name withheld on request

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Continue Reading Inheritance in absence of will creates co-ownership rights over assets

The Estate and Succession Planning Consideration That (Almost) No One Discusses

Introduction

The complex nature of estate and succession planning requires careful assessment of myriad considerations, such as the nature of estate (composition and location), family type (nuclear, joint or hybrid), and potential cost outlay (taxation and stamp duty) in order to achieve the objectives in an efficient manner.

However, while determining the costs associated with planning, an oft-overlooked factor is the court fees that may be payable when the components of the succession plan are set into motion post demise. If not evaluated when devising the estate plan, court fees might come as a rude shock to heirs seeking to implement the succession plan of a deceased family member.…
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Covid -19 and succession planning

 Lawyers are generally very conservative – so it may sound a bit alarmist to hear us say “the world is ending!” At the time of writing, India is coming to grips with the terrifying ‘Severe Acute Respiratory Syndrome Coronavirus-2 (“COVID-19”)’ virus. There is something primal and scary about an airborne threat that can kill you – from something as simple as coming close to an infected person, or touching a door handle, etc. It makes us think about the fragility of life, and the need to protect our loved ones. Some people may believe the steps being taken at present are an overreaction – but are they?

As per the WHO, COVID-19 appears to target the elderly and individuals having underlying illnesses. The WHO mission to China found that 78% of the cases reported as of February 20, 2020 were in individuals between ages 30 and 69. In a matter of barely three months, COVID-19 has infected over 185,000 individuals, resulting in nearly 7,200 deaths, covering 157 countries and territories around the world. The Diamond Princess cruise ship harbored in Yokohama, Japan— was among the lone case involving an international vessel. In India, at the time of writing, 110+ individuals tested positive for the virus, with three fatalities. The virus knows no boundaries, gender or net worth, targeting poor and rich alike. Pandemics are an equalizer in society.

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Pets as beneficaries in trust or will
Image Source: iStock | 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 18th February, 2020 and the online edition of the same can be found at: https://www.livemint.com/money/personal-finance/you-can-t-name-your-pets-as-beneficiaries-of-a-trust-or-will-11582011911565.html

I am 61 years old and widowed. I have two dogs and a cat. Can I create a trust in their names to ensure that they are taken care of after my demise? What other options can I explore while planning my estate? Also, what will happen to the trust or any such entity after my pets die?

—Name withheld on request

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Continue Reading You can’t name your pets as the beneficiaries of a trust or Will

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.…
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Over the past few years, many Indian business families have established estate planning structures, many of which comprise one or more family trusts. The main driver for these structures would have been tax driven considerations. Under the recent Finance Bill, 2017 (Finance Bill), there was a key amendment proposed to the Income-tax Act, 1961 (IT Act), which if passed would have had a significant impact on existing and future estate planning structures – by way of a ‘gift tax’ in respect of assets received by taxpayers without consideration or for inadequate consideration (Proposed Amendment).

Subsequently, the Proposed Amendment has been further amended by the Finance Act, 2017, as passed by the Parliament on March 30th, 2017 (Finance Act). In this article, we discuss the said amendment to the gift tax regime.

Under the IT Act, gifts received by individuals and Hindu Undivided Families (HUFs), were taxed, subject to tax certain conditions and exceptions. However, other tax payers, such as unlisted companies, partnership firms and limited liability partnerships were not subject to gift tax, except if they receive shares of unlisted companies without consideration or for inadequate consideration. However, certain exceptions, namely receipts from relatives, gifts on occasion of marriage, etc had been retained.

In order to remove this disparity, the Finance Act provided that the ‘gift tax’ regime shall apply equally to all tax payers post April 1st, 2017.

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Continue Reading Update on Finance Act, 2017: A lucky escape for Trusts