Estate planning · Will

What cannot be bequeathed by Will

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Several assets pass outside the Will regardless of what the Will says, they go directly to the nominee or by statute. This is the most misunderstood area of Indian estate planning.

Provisions

Hindu Succession Act 1956 | Indian Succession Act 1925, Sec 61

Analysis

Several assets pass outside the Will regardless of what the Will says, they go directly to the nominee or by statute. This is the most misunderstood area of Indian estate planning.

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  1. PF/EPF, goes to nominee on Form 2. Will cannot override this.
  2. Life insurance, goes to nominee named in policy. Will cannot override.
  3. Joint property (survivorship), passes to surviving joint owner, not Will beneficiary
  4. HUF property, governed by coparcenary rights, not individual Will
  5. Ancestral property, subject to Hindu Succession Act class I heirs, not solely your Will
  6. Trust assets, governed by trust deed, not Will

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