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Prakash Kakani Director, PNS EV HubSuccession and Estate Planning involves strategically managing and transferring your assets, wealth, and responsibilities to your heirs or beneficiaries during your lifetime or after your death. It ensures that your legacy is distributed according to your wishes while minimizing disputes and tax liabilities. This planning process includes drafting wills, setting up trusts, tax planning for inheritance, and ensuring compliance with applicable laws such as the Indian Succession Act, 1925, Hindu Succession Act, 1956, or personal laws for other communities.
1. Avoids Disputes : Minimizes conflicts among heirs by clearly defining asset distribution.
2. Tax Efficiency : Reduces tax liabilities for heirs through structured estate planning.
3. Wealth Preservation : Protects assets from unnecessary depletion or misuse.
4. Ensures Legacy : Guarantees that your wealth and responsibilities are handled as per your wishes.
5. Business Continuity : Secures smooth transition of ownership in family-run businesses.
Feature | Will | Trust |
---|---|---|
Purpose | Asset distribution after death | Asset management during lifetime and posthumously |
Legal Process | Requires probate | Avoids probate |
Tax Benefits | Limited | Significant, with structured planning |
Control During Lifetime | No | Yes |
It involves creating a plan to transfer assets, wealth, and responsibilities to heirs or beneficiaries.
A will distributes assets after death, while a trust manages and distributes assets both during and after the settlor's lifetime.
Any individual over 18 years of age with a sound mind can draft a will.
Assets are distributed as per applicable succession laws, such as the Indian Succession Act or personal laws.
An executor is responsible for implementing the will and distributing assets as per the deceased’s wishes.
Yes, a will can be modified or revoked by the testator at any time during their lifetime.
A trust offers tax benefits, asset protection, and avoids probate, ensuring privacy and control.
No, estate planning is beneficial for anyone who wants to ensure proper distribution of their assets and minimize disputes.
A Hindu Undivided Family is a separate legal entity for managing ancestral property, offering tax benefits and simplifying succession.
Review and update the plan periodically or when there are significant changes in assets, laws, or family structure.