7 hrs ago
Seven Wealth-Transfer Gaps That Can Delay Heirs’ Access
A family may inherit money and property, but getting access can still take a long time.
One major problem is not having a clear Will.
Another is having old nominations that do not match the Will.
A nominee usually receives an asset from a bank or other institution but may only be holding it for the rightful heirs.
Families can also lose time searching for accounts, property papers and insurance policies.
Digital assets may be difficult to find or open without passwords.
Assets in other countries can involve different legal and tax rules.
Keeping a list of assets and important documents can make the process easier.
Families should update this information after major life changes.
A missing Will can lead to complicated succession processes, disputes and costly litigation.
Nominees generally receive assets from institutions as custodians, but do not automatically become legal owners.
Outdated or conflicting nominations can create disputes between nominees and legal heirs.
Families may face delays when they lack an inventory of accounts, properties, policies and investments.
Overseas, digital and cryptocurrency assets require special planning because access and succession rules can vary.
- Who
- Individuals planning for the transfer of their wealth and the family members or legal heirs who may inherit it.
- What
- Seven common gaps can delay heirs’ access to bank accounts, investments, property, insurance and other assets.
- Where
- The issues apply to assets in India and can become more complicated for assets held overseas or across jurisdictions.
- When
- The problems typically arise after the asset owner’s death; records should be reviewed annually and after major life events.
- Why
- Missing or unclear Wills, outdated nominations, incomplete records and documentation problems can cause administrative delays and disputes.
Nomination Perspective
Will And Succession Perspective
What a nominee does
Nomination Perspective
Nomination helps a bank, mutual fund house, depository or insurer identify whom to pay after the account holder’s death.
Will And Succession Perspective
The nominee is generally a custodian, while ownership is determined by the Will or applicable succession law.
Nomination versus the Will
Nomination Perspective
An existing nomination can simplify the institution’s transfer process and provide quicker access to the asset.
Will And Succession Perspective
If the nomination conflicts with the Will, the nominee may be expected to transfer the asset to the legal heirs, and refusal can lead to civil proceedings.
Single Will for overseas assets
Nomination Perspective
One estate-planning document may appear simpler for a family with assets in multiple countries.
Will And Succession Perspective
Different jurisdictions have separate probate, tax, foreign-exchange and document-recognition rules, so one Will can create practical delays.
Key facts
- Main planning document
- A valid, clearly drafted Will should identify beneficiaries and provide details about the executor and the original document’s location.
- Nominee’s role
- A nominee generally receives an asset from the institution as a custodian and does not automatically acquire beneficial ownership.
- Asset inventory
- A consolidated record should list bank accounts, fixed deposits, mutual fund folios, demat accounts, insurance policies, provident fund accounts, property and other investments.
- Property requirements
- Property transfers may require title mutation and, in some cases, probate, a succession certificate or letters of administration.
- Potentially difficult assets
- Physical shares, overseas holdings, digital assets and cryptocurrency can be especially difficult to locate, access or transfer.
- Important supporting information
- Families should securely maintain property records, digital-access instructions, liability details and contact information for relevant professional advisers.
- Update schedule
- Records and nominations should be reviewed annually and after marriage, birth, divorce or the acquisition of new assets.
Quotes
Bijal Ajinkya
Partner at Khaitan & Co quoted on the legal distinction between nominees and heirs.
“If the nominee refuses to transfer the asset to the legal heirs, the heirs may need to pursue civil remedies, which can be time-consuming, costly and emotionally taxing for the family. To avoid this conflict, individuals should ensure their nominations are aligned with the intentions expressed in their Will, and update these periodically as family circumstances change,”
financialexpress.com
“The owner is the rightful legal heirs as determined by the Will or the applicable intestate succession law. This is why a nomination alone is, for most asset classes, not sufficient. A Will allows you to name your heir(s) for each asset class, and also provides clarity by allowing you to align your heir with your Will,”
financialexpress.com
Sources
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