In the earlier blogs, we looked at why making a Will is simple and essential, and how to draft one effectively. But what if you don’t make a Will at all?
When someone dies intestate—without a valid Will—the family is left navigating a long, expensive, and emotionally draining legal process. Let’s break it down.
This page is part 4 of a 5 part blog, the previous part is titled "Drafting a Will - Guidelines and tips"
The Legal Process of Intestate Death
If you pass away without a Will, your heirs must go through the courts to claim your assets. This involves:
- Listing Assets
- The family must prepare a complete list of all your properties, bank accounts, and investments. This is a one time effort.
- Applying to the Court
- A lawyer files for a Succession Certificate or Letter of Administration (LoA).
- The above documents issued by a Court, act as legal permission for heirs to claim assets.
- Court Hearings
- All heirs must attend hearings in person, sometimes traveling from different cities or even abroad.
- Delays are common—hearing dates are often postponed at the last minute.
- Costs and Fees
- The process usually takes at least two years.
- Court fees are a percentage of the total value of assets (including property).
- Lawyer’s fees and repeated visits add further financial burden.
- Transfer of Assets
- Once the judgment is passed, heirs must send affidavits and letters to each bank, registrar, and other agencies to get assets transferred. This is a time-consuming process. Also, any financial asset not used or accessed for 7 years goes into the Investor Education & Protection Fund
๐ก Even nominations don’t fully solve the problem. While a nominee can temporarily take control of funds, the legal heirs must still prove ownership through succession laws.
Probate: When a Will Still Needs Court Validation
Even if there is a Will, certain cities—Mumbai, Chennai, and Kolkata—require a probate (court certification of the Will).
In cases of disputes, a probate may also be demanded by institutions before transferring assets. Without a Will, instead of a probate, there are lengthy succession proceedings, which are even more complex.
Income Tax procedures after death
The taxman doesn’t stop his work after death. The legal heir must log in to the account of the deceased and apply to file the final return as a legal heir. For this:
- Upload the death certificate, PAN card of the deceased, and proof of heir-ship (Will or certificate).
- The Income Tax Department will approve the application to file returns on behalf of the deceased.
- Pay pending taxes or claim refunds under the heir’s login as 'Heir' by filing ITR on the due date.
This process is smoother if a Will clearly identifies the heir. Without one, it becomes yet another legal headache to prove the position of the legal heir.
Real-Life Examples
- Shares Left Behind Without a Will
- An elderly lady passed away in 1978 with a few shares in her name. Since no Will was made, the family could not process the issue.
- By 2018, the shares had multiplied in value. The surviving heirs—now elderly themselves—spent two years in court obtaining a succession certificate, with multiple visits and wasted days.
- Since the shares were already transferred to the Investor Education and Protection Fund (IEPF), separate applications had to be made to the IEPF for each company. The shares were finally transferred—40 years later!
- The Curious Case of Multiple Wills
- In another case, three brothers each presented a Will supposedly signed by their late mother on the day she died.
- Shockingly, each Will left the entire property to the individual holding that will.
- The witnesses had unknowingly signed the documents with no knowledge that the Wills were not unique, making it impossible to determine which Will was valid.
- In the end, the lawyer advised the brothers to settle the matter amicably, as no court could reasonably decide between the contradictory Wills.
Why This Matters
Without a Will, your loved ones are forced into endless paperwork, legal fees, and family disputes. Instead of grieving and healing, they spend years battling bureaucracy.
The solution is simple: make a Will today. A few hours of your time can save your family years of pain.
Final Thoughts
Dying intestate is not just a personal choice—it’s a burden you leave behind for your family.
In the next blog, we’ll look at an often-overlooked topic: Living Wills and Advance Medical Directives, along with an overview of the Hindu Succession Act. These can be just as important in planning for the future. The link is here.
This page is part of a 5 part series of posts. The complete indexed list of links is below.
Make your Will now – Part 1 of 5
Key terms in Making a Will- Nominations Beneficiaries Part 2of 5
Drafting a Will - Guidelines and tips Part 3 of 5
Without a Will - Burdens on your loved ones after you pass -Part 4 of 5
Living Will or Advanced Medical Directives - Post 5 of 5
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