Estate Planning: What Happens If a Person Dies Without Making a Will?

The greatest mistake in estate planning is not holding a will. A person who owns property without a proper will in place is expected to result in a lot of difficulty for the family members. One should try to make an accurate will to reduce the chance of disputes in the family.

As per the Supreme Court, If a person dies without a will, the property is divided into equal shares among all the legal heirs. The authority issues a notice, asking any claims on the property to be distributed among legal heirs after the death certificate is issued. Legal heirs can decide among themselves the shares or in case of conflict the court has to decide the matter as per the law,

What is a Will?

A Will is a legal document that permits a person, the testator, to make decisions on how his estate will be managed and disposed of after his death.

Also not leaving a will may begin to an unwanted distribution of assets because when a person dies without a will, his/her property is moved on according to the succession laws relevant to the deceased as per his/her religion.

Is it compulsory to register a will?

No, there is no legal obligation to register a will. It is optional and doesn’t even need to be written on a stamp paper or be notarized.

What Hindus law says?

For Hindus, Sikhs, Buddhists, and Jain: The Hindu Succession Act, 1956, and Hindu Succession (Amendment) Act, 2005 are applicable. If a Hindu male dies without a will, his property will go to Class I heirs. If Class I heirs doesn’t exist, it will go to class II heirs. If class II heirs too don’t exist, it will go to Agnates, and in the absence of Agnates, it goes to Cognates. If both are absent, then the property goes to the government.

Who comes under class I heirs?

Son/daughter, widow, mother, son/daughter of predeceased son, son/daughter of a predeceased daughter, widow of a predeceased son, son/daughter of predeceased son of a predeceased son, widow of predeceased son of the predeceased son comes under the class I heirs.

Who are class II heirs?

Father, son’s/daughter’s son, son’s/daughter’s daughter, brother, sister, daughter’s/son’s son, daughter’s/son’s daughter, daughter’s/daughter’s son; daughter’s/daughter’s daughter, brother’s son, sister’s son, among others that comes under class II heirs.

Who are Agnates?

A person deteriorated from the same male ancestor as another specified or designated person, mainly through the male line or you can say a distant blood relative of male lineage.

Is Cognate similar to Agnates?

No, it means a blood relative, especially on the mother’s side.

If a Hindu female dies without a will, who are the legal heirs of her property?

a) 1st, to sons and daughters (including children of predeceased son or daughter) and the husband.
b) 2nd, to heirs of husband.

c) 3rd, to mother and father.

d) 4th, to heirs of the father.

e) 5th, the heirs of the mother.

What Islamic law says?

Muslim law identifies two types of heirs-sharers and residuary. Sharers are allowed to a specific share in the deceased’s property. Residuaries gets its part in the property that is left over after sharers have taken their part.

Can a registered will be challenged in court?

A registered will doesn’t grant it any legal virtue or reduce doubt about its legality. Therefore, It can be claimed in a court of law. The grounds on which a will can be challenged include fraud/forgery/pressure, improper power, lack of proper execution, lack of testamentary purpose, lack of testamentary potential, lack of knowledge and approval, and repeal.

If it’s not required to register a will and can be claimed in the court then why should I register it?

You should register a will as it has a higher authenticity than a non-registered will. If a person who has made a will or given a legacy gets it registered personally, it proves the originality of the will and it lessens the grounds on which it can be challenged in court.