In the complex world of asset distribution, the rights of nominees, particularly in life insurance policies, have been a subject of ongoing legal debate. Traditionally, nominees have been regarded as trustees, holding the proceeds of an insurance policy temporarily for the rightful legal heirs. However, a significant shift occurred with the 2015 amendment to the…
Receiving an inheritance can be complex, especially if it involves cross-border transfers. Diya (name changed), a 60-year-old woman, found herself in a difficult situation when her father passed away in February 2023. She had dual US and Norway citizenship and an Overseas Citizen of India (OCI) card, and had been living in Norway with her…
I am a textile merchant and I want to plan my estate in a way that it protects my wife, parents, and daughter after my death. What are the different things I should look out for? Planning your estate ensures your assets are protected and your family’s future is secure. Here are key elements to…
What legal steps can my family take if someone challenges my will? -Name withheld on request Drafting a will is a time-tested and widely used method of succession planning, enabling individuals to transfer their assets to chosen beneficiaries in a manner they deem fit. A will allows you to clearly define the distribution of your…
How do I plan the smooth transition and safety of the estate that I have accumulated over my lifetime? -Name withheld on request The initial step in estate planning involves a thorough assessment of one’s assets and liabilities. This entails cataloguing all properties, business interests, investments, bank accounts, and personal possessions that comprise the individual’s…
Preserving family wealth and ensuring business continuity across generations is intricate and involves legal, financial, and strategic considerations. Recent survey insights reveal a growing appreciation among affluent Indian families for the importance of this essential endeavour. Succession planning: An imperative Succession planning is not merely about deciding who inherits what; it is a multi-layered process…
Securing our family’s future is topmost priority for most of us. Alongside taking insurance policies and making investments, there is a crucial step in this—estate and succession planning to ensure our family inherits our assets without delays, hardship, or confusion. Yet, this aspect is often neglected due to the anxiety and discomfort arising from contemplating…
My brother-in-law passed away in a hospital last year. Before his death, he gave oral instructions on how he wanted his assets divided and asked me to carry out his wishes. He did not leave behind a written will. Now, his mother is claiming a share of his assets, which my sister is contesting based…
I am an NRI living in Dubai and plan to retire in 1-2 years and move to the UK. I have one son residing in the UK and another in India. I intend to create an Indian trust and transfer my property investments in India into the trust. The properties will be divided equally between…
What are the key differences between a springing power of attorney, which becomes effective upon incapacity, and a current power of attorney, effective immediately? What important factors should one consider when deciding on which type would best protect one’s assets and meet the estate planning goals? —Name withheld on request One should carefully consider the differences between…
