Where there is a 'WILL'...
Kavitha Menon If one dies intestate i.e. without a will, then ones assets are devolved as per the applicable personal law. The legal heirs need to apply to court and go through very lengthy documentation. Based on the laws of succession that are diverse and complicated, the property will be divided between legal heirs. Children, spouse and relatives can also stake claim to the property and in the case of large stakes lengthy legal battles ensue. It's a common belief that appointing second holders or nominees in various assets will ensure that the property passes to such second holders/nominees. In the eyes of the law, a nominee (including a nominee appointed in insurance policies) is a trustee and he need not necessarily be a beneficiary to a will. He or she is merely a caretaker and the right to the property passes by will or if there is no will, under the personal law of the deceased. Such nominee will be legally bound to transfer the nominated property to the beneficiary of the ...