Will it really go smoothly?

A valid Will does not guarantee smooth transfer of assets due to legal loopholes, poor documentation or misconceptions. From frozen bank accounts and stalled property transfers to family disputes over nominees and executors, inheritance claims can be stuck for months or even years.

Legal experts say many Indian families believe that succession planning is just about writing a will. It is equally about ensuring that paperwork, executors, nominations and estate records are well aligned before death.

Will alone cannot unlock property immediately

One of the biggest misconceptions is that once a person leaves a valid will, banks, mutual funds, housing societies and registrars should automatically transfer assets to the beneficiaries. This rarely happens in practice.

“Entities are entitled to satisfy themselves about authenticity, proper execution and absence of competing claims before transferring assets,” said PC Roy, partner, ASL Partners.

Experts said financial institutions often ask for additional documents such as probate order, indemnity bond, affidavit, no objection certificate (NOC), KYC records, succession declaration or administration letter before processing claims.

According to Radhika Gaggar, partner (co-head – private clients), Cyril Amarchand Mangaldas, documentation requirements vary depending on the asset class, whether one is a nominee, joint holder, or has rival claims from family members.

Even where probate is no longer mandatory in many situations, institutions often continue to insist on court-backed documents to protect themselves from future litigation.

“Financial institutions and housing societies take a cautious approach as they do not have the authority to adjudicate decisively on disputed inheritance rights,” said Alai Razvi, managing partner of Accord Juris.

Executor problem can prevent inheritance completely

Another issue that families often overlook is the role of the executor, the person responsible for enforcing the will.

If the executor dies, refuses to act, cannot be located, or the process is delayed, distribution of the inheritance may stop.

“The will itself remains valid, but beneficiaries usually have to approach the court for letters of administration along with the will,” said Khushi Parmar, lawyer, DM Harish & Co.

This process can significantly delay the transfer of assets as banks and registrars often insist on the involvement of the executor before recognizing claims.

Legal experts have repeatedly stressed the importance of appointing alternate executors in a will.

“The best practice is to always name an alternate executor in the will itself,” said Delhi High Court lawyer Prachi Dubey.

Experts also recommend choosing an executor who is trustworthy, familiar with the family’s asset structure and likely to be available when needed.

Missing paperwork causes biggest delays

Inheritance disputes are not always motivated by family feuds. In many cases, simple documentation deficiencies create delays of years.

Experts cited common issues:

• the original will is missing
• Mismatch of names in PAN, Aadhaar and property documents
• old nominations
• death certificate missing
• wills viewed incorrectly
• incomplete title deed
• old mutation records
• Missing investment details or folio number

“One of the most overlooked causes of delay arises after the probate or succession certificate has been received,” Parmar said. “The property records may still remain in the name of the deceased owner until the mutation is completed.”

Without mutation, legal heirs may face problems in selling the property, obtaining loans, paying taxes in their name or redeveloping the property.

Shashank Agarwal, founder of Legum Solis, said fragmented records of ownership and unsigned or contradictory wills are among the most common reasons for inheritance matters getting dragged into litigation.

Experts also pointed out that families are often unaware of all the assets owned by the deceased, especially digital assets, demat accounts, insurance policies and old bank accounts.

Nominee is not always the owner

Perhaps the most widespread misconception in India is that the nominee automatically becomes the owner of the asset after the death of the account holder.

Lawyers say that in most cases this is legally wrong.

“The nominee is only a temporary custodian and not the ultimate beneficiary,” Parmar said.

Experts pointed out that nominees usually hold the property in trust until it is transferred to legitimate beneficiaries under will or succession laws.

“The Supreme Court confirmed this position in 2023 in Shakti Yezdani vs. Jayanand Jayant Salgaonkar,” Gaggar said.

This distinction becomes particularly important where nomination records conflict with wills.

Unequal distribution often leads to family disputes

Disputes often arise when heirs feel that property has been distributed unfairly.

Lawyers said transparency is important to reduce such conflicts.

Executors are advised to:

• Maintain detailed records of property assets
• Communicate openly with all beneficiaries
• Share copies of relevant documents
• Avoid informal promises
• Use neutral appraisers for disputed property
• Consider mediation where tensions are high

“It is worthwhile for testators to leave an explanatory note or video recording explaining the rationale for unequal distribution,” said Supriya Majumdar, partner at Elara Law Offices.

Experts said registered wills can also be challenged on grounds such as coercion, fraud, undue influence or lack of mental capacity.

Estate planning is more than drafting a will

Lawyers say Indian families often treat succession planning as a one-time process. In fact, a will must evolve with changing circumstances such as marriage, divorce, birth, death, purchase of property or new investments.

“A thoughtfully drafted will doesn’t just transfer assets – it preserves goodwill,” Parmar said.