Nominations, Beneficiaries, and Key Will Terminology Explained
In the first part of this series, we explored why everyone needs a Will and addressed some common excuses for avoiding it. Now, let’s dive deeper into some common misconceptions about nominations and beneficiaries—and explain some of the jargon you’ll often come across when drafting or discussing a Will. I will word the blog for a husband and assume that the wife is the primary heir, in order to maintain a continuity and nothing else. Women must also make a separate Will on the same lines as their husbands, ideally at the same time.
This post is the second in a six-post series. Here is the link to the first blog "Make your Will now"
Nomination vs. Inheritance: What’s the Difference?
A common belief is that nominating someone for your bank account, insurance policy, or flat automatically makes them the owner. That is a completely wrong assumption.
- Nominee: A nominee is essentially a caretaker or custodian. (S)he is authorised to take possession of assets after your death but is expected to transfer them over to the rightful legal heirs as defined in your Will (or by law, if there is no Will). The bank or financial institution ends its responsibility when it transfers assets to the nominee. Technically your nominee cannot spend the money or sell the flat, unless he is also a beneficiary mentioned in your Will.
- Beneficiary: A beneficiary is the true owner of the asset, as specified in your Will.
- A popular misconception is that everything a husband owns will automatically get transferred to the wife after you pass away. More about this later.
Why Updating the Nomination Matters
Over time, life changes—marriage, children, separation, purchase of additional property, or even the passing of a loved one. If you don’t update your nominations, they may no longer reflect your intentions.
- Always ensure your wife’s name is included as a Nominee in all movable investments.
- If your wife should pass away before you, nominations must be updated for all non-joint investments or properties - children should be nominated (or other relatives if you don't have children).
- In some cases, it is a good idea to name parents or in-laws as additional nominees and beneficiaries while specifying percentages, especially if they depend on you financially.
- In the event of separation or divorce, you must update your nominations and beneficiaries accordingly.
ЁЯТб Tip: The simplest and most effective approach - ensure that the nominee is the same as the beneficiary in your Will for that particular asset. This will be more applicable to immovable assets and large investments in single name. It only ensures smooth transfer of assets and avoids confusion.
I myself had missed out on nominating my wife after marriage in the Postal Life Insurance that was done when I was single. I realised my mother remained the nominee, only when it matured and the policy document came back to me!!
Key Terms You Should Know
When dealing with Wills, you’ll often encounter terms that sound intimidating. Here’s a quick guide:
- Testator / Testatrix: The person making the Will (male/female).
- Beneficiary: The individual / individuals receiving your assets in the Will.
- Executor / Executrix: The person appointed to carry out the instructions of the Will. They ensure assets are transferred properly. It is not essential to have an Executor, and he is only there to assist.
- Probate: Court certification of a Will as genuine and valid. This is required only in cases of a dispute about the Will. (A Probate is no longer mandatory in India)
- Administrator: Appointed by the court to manage assets if there is no valid Will.
- Codicil: An amendment or addition to a Will.
- Intestate: When someone dies without leaving a Will he is said to have died Intestate.
Practical rules
- Joint Investments
- If you and your spouse hold assets jointly (like fixed deposits or mutual funds), they are transferred to the surviving holder with a simple application and DC. They do NOT go to the nominee if one joint holder is alive.
- Investments are transferred to Nominees only if both joint holders are no longer alive.
- Shares and Demat Accounts
- Specifically in the case of shares and demat accounts, the nominee is treated as the legal heir. To avoid conflict, ensure the nominee in these accounts, and beneficiary named in your Will is the same.
- Special Bequests
- You may want to leave assets to a non-heir—like a relative, friend, or caregiver that might have helped you at some stage. Mention this in your Will clearly stating your reasons, otherwise the legal heirs may dispute it.
- You may have gone through a divorce or a process of separation or estrangement from children for eg. In such cases also you should clearly specify if you do not wish to bequeath any assets to the separated or estranged persons. I'm not sure of the legal position of this, it is worth mentioning, but you should consult a lawyer in such cases.
- Equitable Distribution
- In your Will, do specify percentage of your assets to each of your beneficiaries . Nominations only make transfer easier but do not override the Will. The Banks will transfer it to the nominee, who then transfers the amount to the other nominees as required to ensure equitable distribution.
Final Thoughts
Understanding the difference between nominations and beneficiaries is crucial. Many families face unnecessary disputes simply because these terms were misunderstood or left ambiguous.
Before you draft or revise your Will:
- Clarify your nominations.
- Your beneficiaries in the Will should ideally match the nominations mainly for property and large single investments.
- Understand the basic terms clearly, so you’re not in doubt.
In the next blog, we’ll explore how to actually draft your Will—what to include, how to structure it, and practical tips to make it clear and legally sound. The post is titled "Drafting a Will - Guidelines and tips"
This page is part of a 6 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



