Testamentary Laws

Guiding Your Legacy: Professional Testamentary Law Services

Testamentary laws in India outline the legal framework for wills and the distribution of property after a person’s death. The Indian Succession Act, 1925, governs testamentary succession for Christians and Parsis, while the Hindu Succession Act, 1956, applies to Hindus, Buddhists, Jains, and Sikhs. Muslim inheritance is managed by personal laws specific to their community.

We at MNA & Associates boast a prestigious Wills & Trusts practice, offering practical solutions to achieve clients’ wealth planning goals. Our esteemed clientele continues to expand, thanks to word-of-mouth recommendations among industrial spheres.

Our team caters to a diverse array of clients, including individuals, trusts, trustees and other asset holders. They navigate estate, probate, tax, and business issues, often against financial institutions and corporate fiduciaries. 

The firm actively collaborates with clients and financial professionals to align with the client’s objectives in disputes involving wills and estates. We closely guide our clients, providing informed counsel on strategies to avoid litigation and supporting them through the litigation process when necessary.

How Do We Help You?

Drafting Wills and Codicils

Creating legally binding documents that specify how assets should be distributed after death.

Obtaining Probate and Letters of Administration

Assisting in the legal process to validate a will and grant authority to execute it.

Advising Non-Resident Indians

Assisting in the legal process to validate a will and grant authority to execute it.

Filing and Defending Testamentary Petitions

Representing clients in legal disputes related to wills and family inheritance.

Wealth Management and Preservation

Offering strategies to protect and grow assets for future generations.

Inter-Generational Wealth Transfers

Planning the transfer of wealth between generations to minimize taxes and ensure smooth transitions.

Tax Planning and Asset Distribution

Optimizing asset allocation and minimizing taxes to protect wealth.

FAQs/Knowledge Bank

If you die without a will (intestate), succession laws come into play. Without a will, your assets will be distributed according to the relevant Succession law. For Hindus, Buddhists, Sikhs, and Jains, it’s the Hindu Succession Act. Christians and Parsis follow the Indian Succession Act, while Muslims adhere to the Muslim Succession Act. These laws outline how assets are divided among specified family members, which may not align with your personal wishes. A will not only ensures your intentions are respected but also helps prevent unnecessary family discord and disputes.

A Nominee will receive the benefits from a bank a/c, insurance policy etc on the owners death. However, the nominee does not become the rightful owner unless he is the legal heir. He receives the proceeds only in capacity as a trustee for the legal heirs. The only exception is in the case of the shares of a company where the rights of the nominee to the shares override the rights of the heirs to whom the assets have been passed on.

An Executor is the person who will carry out the wishes as set out in the Will. It is his duty to disburse the assets to the beneficiaries as stated in the Will. It is not mandatory to appoint an Executor. However, if no executor is appointed by you, the court will appoint an Executor for the Will.

Yes, a Beneficiary can be an Executor.

A Will that is made to take into effect only on a certain contingency. Its validity will depend on that contingent event occurring. For example, Mr. A executed a Will to be operative in a particular year, i.e. if he died in that year. A lived for more years after that year. The court held that it should be deemed that he died intestate, as A did not express an intention that the Will should be valid even after that year.

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