Case 033Estate, succession and trustsWarm up
A couple with Rs 4 crore of assets and a four-year-old child have no wills, and their nominations still name parents and siblings. What must their wills cover, and which nominations need changing?
1The situation
Kunal and Aparna Mhatre, both 38, live in Thane with their four-year-old son. They hold about Rs 4 crore: a jointly owned flat worth Rs 2 crore, Kunal's mutual funds of Rs 60 lakh and provident fund of Rs 40 lakh, Aparna's shares of Rs 50 lakh and PPF of Rs 20 lakh, and a joint fixed deposit of Rs 30 lakh.
Most nominations were filled in before they married: Kunal's funds name his mother, his provident fund names his father, and Aparna's PPF names her brother. The shares and the deposit have no nominee, and no nomination is recorded with the housing society. Neither has a will. Each wants everything to go to the other, and then to their son.
2Your task
List what each will must cover, and go through the assets saying which nominations need changing and why.
Quick check
Kunal dies and his mutual funds still name his mother. What is the main risk?
Worked solution
Try it on paper, then open one step at a time.
30-second answerThe answer to give first
Each needs a will naming an executor, the spouse and then the son as heirs, a guardian for the son, a trust or similar holding for his share, and a clause for both dying together. Every nomination should then be changed to match: the funds, provident fund and PPF from parents or a sibling to the spouse, and nominees added to the shares, the deposit and the flat's society record. Wills and nominations must say the same thing.
Step 1What is the difference between a nomination and a will?
Think of a courier who hands a parcel to whoever is named on the slip; he does not check who bought what is inside. A nomineeThe person an institution such as a bank, fund house or provident fund pays when the holder dies, so that it can close the account. is who the institution pays; a will says who should own the money. For many assets, courts have treated the nominee as holding the money for the legal heirs, but the position differs by asset and has changed over time, so confirm it for each one. When the two documents disagree, the family inherits a dispute.
Step 2What must each will cover?
Seven things, and the third and fourth matter most because of the child. With a four-year-old, the wills must name a guardian and say how his inheritance is held until he is old enough to manage it, or a court will decide both. The full list: an executorThe person named in a will to collect the assets, pay any debts and hand the rest to the heirs as the will directs. and a backup; each spouse to the other, then the son; a guardian; a trust or similar arrangement for the son's share, with an age at which he takes control; a clause for both dying together; a current asset list; and signature before two witnesses. Registration is optional in India but makes the will harder to challenge.
Step 3Which nominations change, and in what order?
Sign the wills first, then align every nomination to them in one sitting. Kunal's funds and provident fund move from his parents to Aparna; Aparna's PPF moves from her brother to Kunal; the shares, the deposit and the flat get nominees for the first time. Where an account allows more than one nominee, name the spouse first and the son second, with the guardian acting for him. Then keep one register of every asset and its nominee, and review it after any birth, death, marriage or new account.
Say the limit clearly: this is the framework, not legal advice. Succession rules differ by personal law, and provident fund and insurance nominations follow their own rules. A family lawyer should draft the wills; the adviser's job is to make sure the paperwork on every account says the same thing they do.
Where candidates lose it
The common miss is treating nominations as a substitute for a will: they have nominees on most accounts, so they think they are covered. The nominees are the wrong people, and nothing names a guardian for the child.
The second miss is fixing the nominations before the wills exist. Change them to match a signed will, or the next adviser will find two documents that still disagree.
What the interviewer asks next
- Who should be the guardian, and should the guardian also manage the money?
- Would a private trust help this family, or is it too much for Rs 4 crore?
- Aparna's parents depend partly on her. How would that change her will?
Company names and figures are illustrative.
