An estate plan should explain who receives which assets, who carries out the instructions and what happens if the expected sequence of events changes. Kothari & Jain advises on wills, estate planning and succession matters, including arrangements involving spouses, children, jointly held assets and business interests.
Planning while you can explain your wishes
A useful starting point is a family and asset map. Identify what you own personally, what is jointly held, what belongs to a business and what is subject to a loan or other obligation. Then consider the intended beneficiaries, an executor and substitutes if a beneficiary or executor cannot act. Plans involving minors or staged distributions need particular attention to how assets will be managed in the intervening years.
A will should fit the applicable succession law and ownership position. The Indian Succession Act, 1925 addresses testamentary matters, but applicability must be considered alongside personal law and the nature and location of the assets. A general template can miss these differences, particularly where a family or estate spans countries.
Documents and decisions to prepare
Prepare a list of properties, accounts, investments, insurance policies, business holdings and material liabilities. Include ownership records, existing wills, nominations and any family settlement or other arrangement affecting the assets. Identify previous marriages, dependants, overseas assets and any concern about capacity or pressure that could later be raised.
The discussion should also cover safe custody of the signed document, how the executor will find it, whether older documents need to be revoked and which changes should trigger another review. Avoid recording passwords or unnecessary sensitive account details in a document that may later need to be produced in proceedings.
After a death
The first review identifies the assets, family relationships, any will and the requirements of the institution holding the asset. Probate, letters of administration, succession certificates, heirship-related documents and transfer procedures serve different purposes. They should not be treated as interchangeable certificates that work for every property or account.
Where a dispute exists, the assessment includes document authenticity, execution, capacity, the family chronology and the available evidence. Registration and careful record-keeping can have evidentiary value, but neither eliminates every possible challenge. Any proposed family arrangement must accurately identify the participating parties and the rights being addressed.
Common questions
Must every will be registered?
The Registration Act, 1908 lists wills among documents whose registration is optional. Whether registration is useful in a particular situation is separate from meeting the applicable requirements for a valid will.
Does naming a nominee replace estate planning?
Do not assume that it does. The effect of nomination depends on the asset and governing law; it should be reconciled with ownership and succession arrangements.
Can one will cover overseas assets?
It may raise questions about local formalities, administration and interaction with other wills. Cross-border planning requires review of the relevant jurisdictions rather than a blanket assurance.
Discuss your matter
Contact the firm to arrange a consultation and confirm the documents required. Call +91 87936 60616 or +91 78877 18191. Please initially share the parties’ names, a brief description and any approaching deadline; detailed records can follow after the preliminary conflict check.
Official legal references
- India Code: Indian Succession Act, 1925
- Maharashtra Department of Registration: Registration Act, 1908
References reviewed on 11 October 2026. This overview is general information; the applicable law and remedy depend on the facts and dates of the matter.