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Intestate

Dying without making a will. The property then passes to heirs under the succession law that applies to the person, which may not be what they intended.

In plain language

A person who dies without a will is said to have died intestate.

The property does not disappear or pass to the state. It is inherited by the heirs in accordance with the laws of succession applicable to that person. The problem is that the law decides who gets what, not the person who built the wealth — and the workbook is direct that the distribution may not be what the person would have intended.

That is why the workbook insists that estate planning is not only for the retired or elderly: it applies to everyone who has assets that could be of use to another after their death.

How it works

Which succession law applies depends on the person's personal law. The workbook names three:

LawApplies to
Hindu Succession Act, 1956Hindus, Buddhists, Jains and Sikhs
Indian Succession Act, 1925Christians, Jews and Parsis
Mohammedan personal lawsInheritance of Muslims

The costs of dying intestate, in the workbook's words: distribution of the estate may suffer from lengthy legal procedures and administration costs, adding both inconvenience and financial burden to the family.

What does not solve it.

  • Nomination. A nominee receives money as a trustee for the legal heirs. In the absence of a will, the rights of the heirs under the applicable succession law prevail over the nomination. Nomination simplifies payment; it does not decide who ultimately owns the money.
  • Joint holding. Access passes to the joint holder on the first holder's death, but if the heirs contest it, the joint holder's operational right can be superseded by the laws of succession or a will.

What does. A valid will — in writing, signed by the testator and attested by two witnesses, and ideally with a residuary clause so that no asset is left uncovered.

A worked example

Illustrative figures. Mr Iyer, 66, dies without a will. His estate:

AssetValueArrangement
Flat in ChennaiRs 1,20,00,000Sole name
Mutual fundsRs 35,00,000Nominee: his younger son
Bank FDRs 15,00,000Joint with his wife
TotalRs 1,70,00,000
Estate = 1,20,00,000 + 35,00,000 + 15,00,000 = Rs 1,70,00,000

He had always told the family that his wife should have the flat for her lifetime and the two sons should share everything else equally.

Because he died intestate:

  • Nothing he said binds anyone. The whole Rs 1.7 crore is inherited by his heirs under the succession law applicable to him.
  • The younger son receives the Rs 35 lakh of mutual funds as nominee — but as a trustee for the legal heirs, not as owner. His elder brother is entitled to his share under that law.
  • His wife can operate the Rs 15 lakh FD as joint holder; if the heirs dispute it, her operational right can be superseded by succession law.
  • The flat goes through the legal procedure for transferring an estate to heirs, with the time and administration costs the workbook warns of.

A two-page will, attested by two witnesses, would have delivered exactly what he wanted.

Why NISM asks about it

Chapter 8, section 8.1.6 (Estate Planning), defines dying intestate, names the three personal succession laws, and explains why nomination and joint holding do not override the heirs' rights. Section 8.2.7 sets out the essentials of a valid will. Expect a definition question, a question matching a community to its succession law, and a question on whether a nominee or the legal heirs ultimately take the money when there is no will.

Common exam traps

  • Intestate means without a will, not without heirs or without a nominee.
  • The nominee is a trustee, not the owner. Without a will, the heirs' rights under succession law prevail over the nomination.
  • Match the law to the community. Hindu Succession Act, 1956 covers Hindus, Buddhists, Jains and Sikhs; the Indian Succession Act, 1925 covers Christians, Jews and Parsis; Muslims are governed by personal law.
  • Joint holding gives access, not final ownership. A contest among heirs can supersede it.
  • Estate planning is not only for the elderly. The workbook says it applies to anyone with assets of use to another after death.
  • A will need not be registered to be valid, but must be in writing (with a limited armed-forces exception), signed and attested by two witnesses.

Where this is taught

Free preparation for NISM Series X-B

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