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071

Case 071Estate, succession and trustsHard

A client dies without a will, leaving Rs 18 crore: a Rs 6 crore house, Rs 8 crore of shares and Rs 4 crore of deposits. His widow, two children and mother survive. Split the estate under the applicable succession framework and show where nominations do not decide ownership.

1The situation

Shrikant Lohakare, 56, dies suddenly without a will. He leaves a house in his sole name worth Rs 6 crore, Rs 8 crore of listed shares in a demat account and Rs 4 crore of bank deposits. He is survived by his wife, a son of 26, a daughter of 22 and his mother, who is 80. His father died years ago; he also has one brother.

His wife is the registered nominee on the demat account and on every deposit. The house has no nominee. For the case, assume the family's personal law places the widow, children and mother together in the first class of heirs, sharing equally; the succession law that applies depends on the family's religion and facts, and the current position on nominees should be confirmed with a lawyer.

2Your task

Who gets what, and what does the widow's nomination on the shares and deposits actually decide?

Quick check

The widow is nominee on Rs 12 crore of shares and deposits. How much of that does she own?

Worked solution

Try it on paper, then open one step at a time.

30-second answerThe answer to give first

Each of the four heirs, widow, son, daughter and mother, takes Rs 4.5 crore: a quarter of the house, Rs 2 crore of shares and Rs 1 crore of deposits. The widow's nomination brings Rs 12 crore into her name, but she owns only Rs 3 crore of it and holds Rs 9 crore for the other three. The house, with no nominee, is co-owned by all four. Without a will, the law, not the family's wishes, decides the split.

Step 1Who inherits when there is no will?

A will is a letter telling the family what to do; without one, the state has a standard letter it sends to every family. Under the intestateDying without a valid will, so the estate passes under the succession law that applies to the person rather than under their own instructions. framework assumed here, the widow, the two children and the mother form the first class of heirs and share equally, a quarter each, Rs 4.5 crore. His brother takes nothing, because a first-class heir exists. Each heir's quarter is a quarter of every asset unless the family agrees otherwise: Rs 1.5 crore of the house, Rs 2 crore of shares and Rs 1 crore of deposits.

No will: the law divides Rs 18 crore into four equal shares (Rs crore)House 6Shares 8Deposits 4Widow: 4.5house 1.5shares 2.0deposits 1.0Son: 4.5house 1.5shares 2.0deposits 1.0Daughter: 4.5house 1.5shares 2.0deposits 1.0Mother: 4.5house 1.5shares 2.0deposits 1.0Framework to confirm: equal shares among the first class of heirs, on the facts assumed here.The mother's share later passes under her own succession, not to the widow.
Without a will the Rs 18 crore estate is divided equally among the widow, son, daughter and mother, Rs 4.5 crore each, made up of a Rs 1.5 crore quarter of the house, Rs 2 crore of shares and Rs 1 crore of deposits.
Step 2What does the widow's nomination actually decide?

Delivery, not ownership. A courier who signs for a parcel addressed to a whole household does not own what is inside. The demat account and deposits are transmitted to the widow as nomineeThe person named to receive an account or policy on the holder's death, which on the framework assumed here makes them a custodian for the heirs rather than the owner., so Rs 12 crore arrives in her name, but on the framework assumed she owns only her quarter, Rs 3 crore, and holds Rs 9 crore for the son, daughter and mother. Nomination makes the bank and depository's job simple; it does not rewrite succession. The legal position on nominees has been argued in the courts, so this is the point to confirm with a lawyer first.

The nominee receives Rs 12 crore but owns Rs 3 crore of itShares 8 + deposits 4Rs 12 crorewidow is nominee on bothTransmitted tothe widow's nameas nominee: acustodian, not ownerWidow keeps 3.0To son 3.0To daughter 3.0To mother 3.0The house: no nominee, so all four heirs co-own itWidow: 1.5Son: 1.5Daughter: 1.5Mother: 1.5The widow lives in it; the other three can ask for their share to be bought out or partitioned.To keep the house and pass Rs 9 crore on fairly, the family needs a written settlement.
The widow receives Rs 12 crore of shares and deposits as nominee but owns only Rs 3 crore of it, holding Rs 3 crore each for the son, daughter and mother, while the un-nominated house is co-owned by all four at Rs 1.5 crore each.
HeirHouseSharesDepositsTotal, Rs croreReceived as nominee
Widow1.52.01.04.512.0
Son1.52.01.04.50
Daughter1.52.01.04.50
Mother1.52.01.04.50
Estate6.08.04.018.012.0
Each heir owns Rs 4.5 crore, but the widow alone receives the Rs 12 crore of nominated shares and deposits, so what arrives in each name differs sharply from what each person owns.
Step 3What should the family and the adviser do next?

Three things, in order. First, record in writing what the widow holds for each heir, and either transfer those amounts or have the others formally give up their shares in her favour through a family settlement, with the tax and stamp duty treatment of each route confirmed. Second, the house: the widow lives there, and the family should agree in writing whether the others keep their quarters, are bought out, or relinquish them. Third, the mother's quarter. If she too dies without a will, her Rs 4.5 crore passes under her own succession, typically to her surviving children and the children of a child who died before her; on the facts here, illustratively, Rs 2.25 crore to Shrikant's brother and Rs 1.125 crore to each of Shrikant's children, and nothing to the widow.

That last point is what most families do not expect, and it is the adviser's opening. The widow and the mother should each make a will now, so the next transfer follows their wishes rather than the default. The limit to say plainly: the equal-shares answer rests on the personal law assumed; a different religion, a joint family property or a registered will somewhere in a drawer changes everything, so the first step is always to establish which law applies.

Where candidates lose it

The common error is saying the widow gets the shares and deposits because she is the nominee. Nomination settles who the bank or depository pays; on the framework assumed, the heirs, not the nominee, own the money.

The second miss is forgetting the mother. Candidates split three ways among the widow and children, or give the spouse half, and never mention that the mother's share can later leave the immediate family.

What the interviewer asks next

  • How would the answer change if Shrikant had left a registered will giving everything to his wife?
  • The son wants his quarter of the house in cash now. What are the family's options?
  • What should the widow's own will say, given what she now holds?
← Case 070A client holds Rs 10 crore of one stock with a Rs 6 crore gain, and selling costs tax at an illustrative 12.5%. How far must the stock fall before selling and paying the tax would have beaten holding, and what does the chance of that fall imply?Case 072 →Parents aged 70 with Rs 9 crore need Rs 30 lakh a year. Their two children ask for Rs 3 crore now for a business. Test whether the parents' plan survives the gift, and what size of gift it can bear.

Company names and figures are illustrative.

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