Community › Forums › Legal Advice India › Succession Planning: Ensuring a Smooth Transfer of Assets post death
- This topic has 3 replies, 2 voices, and was last updated 1 year, 2 months ago by
Rapidbear8085.
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RRapidwolf3942
PARTICIPANT
April 6, 2025 at 10:39 amI currently have the following portfolio (self-earned, all in my name):* 5 equity and debt mutual funds and stocks in my Zerodha account
* Fixed deposits and bank accounts in two private banks
* 10% ownership in a flat
* EPFI’ve seen enough fights in my extended family over succession. Right now, my nominees are my wife and mother, and I want to ensure that there is no conflict between them after my death and that the process is clean, avoiding any ambiguity.
For mutual funds and bank accounts, Iโve set up the nominee details, but I recently read that a nominee is just a custodian, not the actual owner. Is there any way to automatically transfer assets to the nominee upon presenting a death certificate?
I also want to know how to handle the succession for my partial flat ownership and EPF. I considered writing a WILL, but I know it can be contested in court.
Also, I want to keep the process confidential.
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RRapidbear8085
PARTICIPANT
April 6, 2025 at 10:57 amADVOCATE HERE. Given that you desire to get all properties registered in the name of a concerned person, authoring a Will is your only option. Further, a Will is anyway kept confidential, unless you direct the Registrar to forward the same in case of your death. Lastly, I must mention, even if you decide to register it or not, either way, it can be challenged, however, registering it will make it harded to be challenged. We do undertake such tasks all the time, there is more to write but keeping it brief, I’ll restrict here. My best wishes.-
RRapidwolf3942
OP
April 6, 2025 at 11:09 amThanks a lot. So registered will is the only option.What if nominee in will is different from nominee in account. What will happen in that case.
Also, what about the thought that nominee is just custodian and not owner. Is that true?
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RRapidbear8085
PARTICIPANT
April 6, 2025 at 1:28 pm>nominee in willThere’s no such thing called nominee in will. It’s called “beneficiary”.
>different from nominee in account
All nominations can be changed at your leisure.
>nominee is just custodian and not owner.
Yes, that’s how law is, i.e., nominee is duty bound to distribute assets according to law of succession.
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