Succession Law

Succession law governs the transfer of a deceased person’s property and rights to legal heirs or beneficiaries. It includes rules for both testamentary succession (by will) and intestate succession (where no valid will exists). Succession law balances the testator’s autonomy to distribute assets by will with statutory protections for family members, creditors and obligations such as debts and taxes. The regime varies with personal laws (religious or customary) and statutory inheritance rules for different communities.

Key features

• Testamentary succession: A will allows a person to specify distribution of assets after death, appoint executors, and create trusts or legacies. Formalities for validity—such as testamentary capacity, free consent, and attestation—are critical.
• Intestate succession: When no valid will exists, succession follows statutory rules prescribing the order of heirs, shares, and principles of survivorship.
• Personal law variations: Succession rules vary by religion and personal law—Hindu, Muslim, Christian, and Parsi laws (or codified statutes) have distinct principles regarding shares, rights of spouses, children and other relatives.
• Probate and letters of administration: Probate is a court certification of a valid will; letters of administration empower administrators where there is no will.
• Executor/administrator duties: Executors and administrators collect assets, pay debts and distribute residuary assets in accordance with the will or statute, often under court supervision.

Practical considerations

Succession matters often involve valuation of assets (movable and immovable), resolving disputes over will validity, allegations of undue influence, forgery, or lack of capacity. Effective estate planning—wills, codicils, trusts, and clear records—reduces litigation. Where multiple legal systems apply, careful analysis is required to determine applicable law, domicile, and conflict-of-law issues. Professionals assist in tax planning, settlement of liabilities, and smooth transfer to beneficiaries while minimizing family disputes and complying with formalities.