Estate Planning: Our Advisory Services

Wills & Succession Planning

A Will is the most fundamental estate planning instrument available in India. Under the Indian Succession Act 1925, a Will must be in writing, signed by the testator, and attested by at least two witnesses present at the time of signing. For Hindus, Sikhs, Buddhists, and Jains, the Hindu Succession Act 1956 governs intestate succession where there is no valid Will– creating a fixed statutory distribution that may bear no resemblance to the testator’s intentions. For Christians and Parsis, the Indian Succession Act 1925 governs intestate succession. For Muslims, personal law governs succession and testamentary disposition is more limited. A well-drafted Will covers the specific disposition of immovable and movable property, the appointment of an executor, the appointment of guardians for minor children, and any specific bequests, conditions, or trusts to be established. ATB Legal drafts Wills that are clear, correctly executed, and legally valid– and advises on periodic review as assets and family circumstances change.

Probate & Letters of Administration

Probate is the court process by which a Will is proved valid and an executor is authorised to administer the estate. In India, probate is legally required for Wills executed in certain cities– including Mumbai, Chennai, and Kolkata– and is strongly advisable elsewhere as it provides conclusive authority to the executor and prevents subsequent challenges to the estate. The process is initiated by filing a petition before the District Court or High Court in the jurisdiction where the testator was resident. The court issues a citation to known beneficiaries, publishes notice for a prescribed period, and then passes the probate order. Where there is no Will, Letters of Administration follow the same general procedure but are typically more contested and more time-consuming. ATB Legal manages the complete probate process from petition preparation and court filing through to the grant of probate and the executor’s subsequent estate administration obligations.

NRI Estate Planning & Cross-Border Succession

For NRIs with assets in India– immovable property, fixed deposits, shares, mutual funds, and bank accounts– the estate planning challenge is distinct from that of Indian residents. Indian assets are governed by Indian succession law regardless of where the NRI is resident or domiciled, and a foreign Will does not automatically extend to Indian assets without Indian probate proceedings. Many NRIs benefit from a separate India-specific Will covering their Indian assets, coordinated with any Will or trust instrument covering assets in their country of residence, to avoid the cost and delay of foreign Will probate in India. ATB Legal advises NRI clients on India-specific Will drafting, the probate of foreign Wills in India, and the coordination of succession arrangements across the India-UAE corridor– where many ATB Legal clients hold significant assets in both jurisdictions.

Gift Deeds & Lifetime Transfers

Gift deeds– transfers of property during the testator’s lifetime– are frequently used as part of an estate planning strategy to transfer specific assets to specific beneficiaries without probate delay, reduce the estate subject to succession proceedings, or restructure family asset ownership in an orderly way. In India, a gift of immovable property requires a registered gift deed executed before the Sub-Registrar. Gift transactions between close family members attract reduced stamp duty in most Indian states. ATB Legal advises on gift deeds as part of a broader estate planning strategy– drafting the deed, managing the registration process, and advising on the interaction with succession planning to ensure the overall plan is coherent and tax-considered.