Estate Planning Lawyer Delhi | Wills, Trusts, Succession Planning | Bijlani & Co

Estate Planning in Delhi: A Complete Guide to Wills, Trusts, and Succession

Estate planning is the process of arranging how your assets will be managed and distributed after your death or incapacity. In India, estate planning intersects with personal laws (Hindu, Muslim, Christian, Parsi), the Indian Succession Act 1925, the Hindu Succession Act 1956, and the Trusts Act 1882. Without a will or trust, your assets are distributed according to intestate succession rules, which may not reflect your wishes.

For high-net-worth individuals in Delhi NCR, estate planning is not just about writing a will. It involves structuring asset ownership, creating trusts for tax efficiency, nominating beneficiaries for financial accounts and insurance policies, and planning for business succession. An estate planning lawyer in Delhi can help you navigate all of these.

Writing a Will in India

A will is a legal document that specifies how your property will be distributed after your death. Under the Indian Succession Act, any person of sound mind who has attained the age of 18 can make a will. The will must be signed by the testator (or by someone else at the testator’s direction) and attested by at least two witnesses.

In Delhi, wills can be registered or unregistered. Registration is not mandatory but is advisable because it provides stronger evidence of authenticity. A registered will is more difficult to challenge in court. An unregistered will can be probated if required.

Holographic wills (handwritten by the testator) are valid in India. They do not require attestation by witnesses, but the handwriting must be clearly proven. Oral wills are valid only for soldiers, airmen, and mariners in specific circumstances.

Succession Under Hindu Law

For Hindus, Buddhists, Jains, and Sikhs, the Hindu Succession Act 1956 governs intestate succession. The 2005 amendment gave daughters equal rights in ancestral property. If a Hindu male dies intestate, his property devolves first on Class I heirs: wife, sons, daughters, and mother. If there are no Class I heirs, Class II heirs inherit. If no heirs exist, the property passes to the state.

For Hindu females dying intestate, property devolves first on sons and daughters (including children of predeceased sons or daughters) and husband. If there are no children or husband, the property goes to the heirs of the husband, then to the father and mother, then to the heirs of the father.

Creating a Trust

A trust is a legal arrangement where the settlor transfers assets to trustees, who hold and manage them for the benefit of beneficiaries. Trusts are created under the Indian Trusts Act 1882. They can be private (for specific family members) or public (charitable trusts for broader purposes).

Private trusts are useful for: providing for minor children, protecting assets from creditors, managing family wealth across generations, and reducing estate tax exposure (though estate duty was abolished in India in 1985, wealth and gift taxes remain relevant). Public charitable trusts must be registered under the Bombay Public Trusts Act or equivalent state legislation.

Trusts offer several advantages over wills: they take effect immediately (not just after death), they avoid the probate process, they provide continuity of asset management, and they offer flexibility in how and when beneficiaries receive distributions. For complex family structures or significant assets, trusts are often combined with wills in a comprehensive estate plan.

Probate and Letters of Administration

Probate is the court process that validates a will and authorizes the executor to administer the estate. Under the Indian Succession Act, probate is mandatory for wills of immovable property in Delhi, Mumbai, and Kolkata (formerly Presidency towns). In other parts of India, probate is optional but may be required by banks and other institutions before releasing assets.

Letters of administration are granted when there is no will or when the will does not name an executor. The court appoints an administrator to manage and distribute the estate according to intestate succession rules. The process typically takes 6 to 12 months in Delhi courts.

NRI Estate Planning

For NRIs with assets in India, estate planning requires coordination across jurisdictions. A will made abroad may not automatically cover Indian assets. Indian law requires compliance with local formalities, and foreign wills may need to be probated in India for assets to be transferred to beneficiaries.

NRIs should consider creating a separate Indian will covering Indian assets, nominating beneficiaries for Indian bank accounts and insurance policies, and, where applicable, setting up a trust structure that works under both Indian and foreign law. A power of attorney can also be useful to manage Indian assets during the NRI’s lifetime.

Common Questions

Do I need a will if I am young?

Yes. Accidents and unexpected events happen regardless of age. Without a will, your assets are distributed according to intestate succession rules, which may not reflect your wishes. A simple will can be updated as your circumstances change.

Can a will be challenged in court?

Yes. Wills can be challenged on grounds of: lack of testamentary capacity (the testator was not of sound mind), coercion or undue influence, fraud, improper execution (missing signatures or witnesses), or the existence of a later will. Registered wills are harder to challenge.

What is the difference between a will and a trust?

A will takes effect only after death and requires probate. A trust takes effect immediately upon creation and avoids probate. Trusts provide more flexibility in managing and distributing assets but are more complex and expensive to set up. Many estate plans use both.

How do I nominate beneficiaries for my investments?

Each financial institution has its own nomination process. For mutual funds, submit a nomination form to the AMC. For bank accounts, submit a nomination form at the branch. For insurance policies, nominate through the insurer’s portal. Keep nomination details updated when life circumstances change.

Related Practice Areas

• Family Law — succession disputes, property division, maintenance
• Civil Law — property disputes, will contests, injunctions
• Corporate Law — business succession, shareholder agreements

Plan your estate with experienced counsel
Bijlani & Co advises on wills, trusts, succession planning, and inheritance disputes across Delhi NCR. Contact us at +91-96549-26593 or write@bijlani.in.