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What is Testamentary Succession?

Understanding Testamentary Succession in India

Testamentary succession refers to the process by which a person's assets are distributed after their death according to the wishes outlined in their will. In India, this process is governed by the Indian Succession Act of 1925, ensuring the deceased's last wishes are honoured.

For NRIs and OCI holders, understanding testamentary succession is crucial, especially when dealing with property or assets in India. The will simplifies the inheritance process and avoids disputes among heirs.

Key Features of Testamentary Succession

  1. Will as the Primary Document: The will specifies how the assets are distributed among legal heirs.
  2. Probate Requirement: In certain cases, the will must be probated in court to validate its authenticity.
  3. Simplifies Inheritance for NRIs: Testamentary succession avoids complexities and delays for NRIs and OCI holders.

Role of Succession Certificate in Testamentary Succession

While testamentary succession involves a will, sometimes a succession certificate may also be required to claim certain movable assets, such as bank accounts, shares, or debts owed to the deceased.

Also Read: What Are The Major Components Of Succession Certificate?

 

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