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Contrary to popular belief, just having a Will does not guarantee a smooth transfer of assets after death.
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From accessing bank accounts and transferring property to dealing with nominees, digital assets, and family disputes, executing a Will in India can quickly become emotionally and legally exhausting, especially when families are already in mourning.
What families should do immediately after a loved one passes away
Families should first secure multiple certified copies of the death certificate because almost every institution including banks, insurers, registrars, housing societies, and investment platforms will require one before processing any transfer request.
Families should also immediately secure important belongings such as phones, laptops, wallets, vehicle keys, and financial documents to prevent unauthorised access or misuse, says advocate Palak Gupta, Senior Associate at Jotwani Law Associates.
Once immediate formalities are handled, the next major step is locating the original Will and identifying the executor responsible for carrying out the deceased person’s wishes.
However, even an uncontested Will does not result in instant asset transfers. Executing an undisputed Will in India can still realistically take six months to one year, notes Gupta.
Why a valid Will alone does not guarantee smooth asset transfer
Many families believe that once a valid Will exists, banks and institutions must automatically transfer all assets to beneficiaries.
In practice, the process is rarely that simple.
“The applicable statutory framework and documentation requirements for transmission of assets vary across institutions and asset classes. The process also differs depending on whether a nominee has been appointed, whether a joint holder exists, and the nature of the asset in question,” says Radhika Gaggar, Partner (co-head – private client), Cyril Amarchand Mangaldas.
Banks, mutual fund houses, registrars, and housing societies usually require additional documentation, verification procedures, and transmission forms before releasing assets.
Institutions are legally entitled to seek supporting documentation even when a Will clearly identifies the beneficiary, she explains.
Why nominees do not always become owners
A big misconception is that once a person appoints a nominee in a bank account, insurance policy, demat account, or housing society, that person automatically becomes the owner of the asset after death.
Legal experts say that is not necessarily true.
“Courts have consistently held that nomination does not displace a Will or create a separate mode of succession, recently confirmed by the Supreme Court in 2023, in the matter of Shakti Yezdani vs Jayanand Jayant Salgaonkar,” Gaggar points out.
This creates a major practical problem when nominations and Wills contradict each other. A nominee may initially receive access or operational control, but ownership rights can still be challenged later by legal heirs.
“In reality, a nominee is merely a temporary custodian, not the ultimate beneficiary,” concurs Khushi Parmar, Advocate, D.M. Harish & Co.
Experts therefore advise individuals to regularly review nominees across all financial assets and ensure that they align with the Will.
Which assets are the biggest challenge in executing Wills
A generation ago, inheritance disputes mostly involved homes, jewellery, or bank deposits. Today, the biggest legal and operational challenges increasingly involve digital assets.
“The toughest task is now to secure digital assets such as crypto currency, monetized accounts of You Tube, Instagram, shares, mutual funds, etc. Passwords, private keys, and 2FA are often buried with the deceased,” says Gupta.
Unlike traditional property transfers, digital platforms frequently operate under strict privacy and cybersecurity policies. Many do not easily recognise conventional estate documents without additional legal processes.
Physical real estate has become comparatively easier to handle because land records and title documentation systems are now better digitised and legally structured.
Foreign assets, however, remain among the most complicated categories because they may involve foreign succession laws, tax rules, and additional court validation requirements abroad.
Is probate still necessary for executing a Will in India?
Probate has historically been considered one of the most important legal steps in inheritance matters. But recent legal changes have altered the situation significantly.
Following the repeal of Section 213 of the Indian Succession Act through the Repealing and Amending Act, 2025, probate is no longer compulsory in many situations.
“While probate is now purely voluntary, it is still strongly advisable to do it in case of vulnerability of family disputes, high liquidated/un-liquidated funds in bank accounts, significant funds lying in shares or mutual funds portfolio,” advises Gupta.
Probate essentially serves as judicial confirmation that the Will is genuine. In contested situations, this can provide stronger legal certainty and reduce future litigation risk.
These documentation mistakes can delay inheritance for years
Even after obtaining probate or succession certificates, families often discover that government records, bank records, or property documents still remain unresolved.
Parmar highlights mutation of property records as one of the most overlooked issues in inheritance matters. Even when legal heirs inherit a property, the ownership records maintained by municipal or revenue authorities may continue reflecting the deceased person’s name until mutation is formally completed.
Without mutation, heirs can face serious practical problems while selling, redeveloping, mortgaging, or even paying taxes on the property.
Experts say delays also commonly arise because of:
- Missing original documents
- Identity proof mismatches
- Signature inconsistencies
- Incomplete asset records
- Defective probate filings
In inheritance matters, even small paperwork gaps can create years of complications.
Experts say the goal of estate planning should not simply be deciding who gets what.
It should be ensuring that loved ones are not forced into legal confusion during an emotionally devastating time.
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