Pass on your legacy, not your worries. Professional services for Will writing, Trust creation, and Succession planning.
In India, a large number of property disputes arise due to the absence of a clear Will. Estate planning ensures your assets are distributed exactly according to your wishes, minimizing legal hurdles for your loved ones.
Drafting a legal document that clearly specifies who gets what. We help you list all assets (financial, physical, digital) and appoint an Executor.
Setting up Private Family Trusts to ring-fence assets for minor children or special needs dependents. Helps in tax efficiency and avoiding probate.
Strategic transfer of business and ownership for HNI families. Ensuring business continuity while handling inter-generational transfer.
| Feature | Will | Private Trust |
|---|---|---|
| Takes effect | Only after death | Immediate or as defined |
| Privacy | Public document (Probate) | Private & Confidential |
| Cost | Low (Drafting fees) | Higher (Setup + Maintenance) |
| Asset Protection | No protection from creditors | Can ring-fence assets |
Probate (court validation of a Will) is legally mandatory only for Wills executed by Hindus, Buddhists, Sikhs and Jains within the local limits of the former Bombay, Calcutta and Madras High Courts' jurisdiction — in practice, Mumbai, Chennai and Kolkata — or for Wills covering immovable property there. Elsewhere in India probate isn't compulsory, though banks or registrars sometimes still ask for it, or for a simpler succession/legal heir certificate, before releasing assets.
As of September 1, 2026, SEBI requires new single-holder demat accounts and mutual fund folios to either name a nominee or formally opt out, with up to three nominees allowed and a specified percentage split between them. But nomination is not the same as inheritance: a nominee is legally a custodian who helps the asset transmit smoothly after death, not automatically its final owner — actual entitlement is still decided by your Will, or by succession law if you have none. Keeping nominations current across every demat account, mutual fund folio, bank account and insurance policy is a simple, often-overlooked step — but it doesn't replace a Will, and the two should always point to consistent outcomes to avoid disputes between nominees and legal heirs.
India currently has no inheritance tax or estate duty, so inheriting an asset is not itself a taxable event. If the inheritor later sells that asset, however, capital gains are computed using the original owner's cost of acquisition. The original owner's holding period also counts when determining whether the eventual gain is short-term or long-term. The tax liability is therefore deferred until the eventual sale, not eliminated.
Email accounts, cloud storage, cryptocurrency/VDA holdings, domain names, social media and loyalty points are increasingly part of an estate but easy to overlook, since there's no physical paper trail. We help clients maintain a secure, updated inventory — kept separate from the Will itself, which becomes a public document — so an Executor can actually locate and access these assets.
A General or Specific Power of Attorney lets someone manage your finances if you become incapacitated while still alive, and a Medical/Living Will lets you record your wishes on medical treatment in advance, a concept recognised under Indian law by the Supreme Court. Neither replaces a Will, but both are commonly planned alongside one.
For parents of minor children, a Will is also where you name a guardian to raise them if both parents pass away — without this, the choice may otherwise fall to courts or default rules that don't reflect the family's actual wishes.
Money n Wealth can help inventory financial, physical, business and digital assets, clarify family priorities, and coordinate the appropriate Will, nomination, ownership and trust structure with legal and tax professionals.
We help you list financial assets (bank accounts, MF folios, demat holdings, insurance, PPF/EPF), physical assets (property, jewellery, vehicles), business interests, and digital assets, alongside key family and dependent details.
Based on family complexity, business ownership and stated priorities, we help decide between a Will alone, a Will with specific nominations, or a Private Trust structure.
We coordinate with legal professionals to draft a Will or Trust deed that reflects your decisions and is properly executed, signed and attested by witnesses as required under the Indian Succession Act. We coordinate this process; we do not practice law directly.
Registering a Will with the local Sub-Registrar isn't mandatory for validity, but adds a layer of authenticity and safe custody, reducing the chance it's lost or disputed.
We recommend revisiting your Will and nominations after major life events — marriage, a new child, a property purchase, or a significant change in family relationships.
No — a nominee typically holds the asset in trust for transmission; the Will, or succession law in its absence, determines actual entitlement. Keep both aligned to avoid disputes.
We coordinate the full process — asset inventory, structuring decisions and drafting — working with empanelled legal professionals so the document is valid and properly executed; we don't practice law directly.
Your assets are distributed under the succession law applicable to your religion, which may not match your actual wishes and often takes longer to settle for your family.
Costs vary with complexity — a simple Will involves modest drafting fees, while a Private Trust involves setup and ongoing maintenance costs. We give you a clear cost picture upfront based on your specific structure.