Inheritance/Estate/Wills Lawyers

Planning for the future can be intimidating. However, having a legally valid will prepared can provide peace of mind and help remove additional stress and expense for your family should the unexpected happen. Lawyers at SCORPION LEGAL SERVICES have the expertise to lay out all the options available for you in making a will or managing probate. Our lawyers advise clients on the best way to settle estate affairs in a timely, practical, and cost-effective manner. We assist individuals who want to make a will as well as the executors of a deceased’s estate while dealing with particular tax or asset-related issues.

SCORPION LEGAL SERVICES often advises clients on both sides in situations where inheritance is disputed. We assist individuals who want to make inheritance claims and are skilled in successfully representing executors or beneficiaries in relation to claims filed against them. Proper inheritance tax planning is important to ensure that assets are left with the beneficiaries as per the wishes of the deceased. SCORPION LEGAL SERVICES provides tailored advice to clients on estate planning, including the preparation of wills and trusts. 

We leverage our global network and cultural knowledge of our attorneys to advise in cases where assets or liabilities are across multiple jurisdictions, ensuring minimal difficulties in the process. Many times, clients reside in one country but have substantial assets in another. Our lawyers can advise on the legal implications that arise from cross-border probate and wills. We also liaise with foreign advisors and government officials to smoothly resolve complex legal and tax issues. The scope of our practice includes:

🔹Assisting and advising in drafting wills as per the statutory provisions of the applicable laws.
🔹Applying for Succession Certificates (उत्तराधिकार प्रमाणपत्र) and/or Letters of Administration (प्रशासन पत्र) at High Court.
🔹Handling cases relating to the division of property bequeathed by parents/grandparents.
🔹Obtaining Succession Certificates.
🔹Handling disputes related to wills or estates where the owner has died without succession planning.
🔹Partition (विभाजन) of property among legal heirs.
🔹Handling cases relating to daughters’ rights in inherited property.
🔹Advising clients regarding the distribution of property among legal heirs in accordance with the law.

A will is a legal document prepared during the lifetime of the person (known as a Testator) but comes into effect after their demise. A will declares the testator’s last wishes regarding the distribution of their assets and possessions. A will should be made by the testator in sound disposing mind and without any coercion or undue influence from any person.

How We May Assist You

(हम आपकी कैसे सहायता कर सकते हैं)

SCORPION LEGAL SERVICES provides two-fold assistance with respect to wills, which includes:

🔹Drafting of a Will (वसीयत का मसौदा तैयार करना)
🔹Registration of a Will (वसीयत का पंजीकरण)

  1. Drafting of a Will (वसीयत का मसौदा तैयार करना)

    SCORPION LEGAL SERVICES offers professional expertise in drafting wills. With wide exposure to inheritance and estate planning, SCORPION LEGAL SERVICES has a team of experienced and skilled professionals possessing the requisite know-how to draft a flawless will, leaving no lacunae. Since drafting a will is very personal to the client, we collect the required details from the testator regarding their assets and the manner in which they want to bequeath them among their heirs and beneficiaries. The information is treated as confidential and shared only on a “need to know” basis with the team in strictest confidence. Once we have the required information, we put it in place as efficiently as possible to exactly depict our clients’ wishes.

     

  2. Registration of a Will (वसीयत का पंजीकरण)

    Although the registration of a will is not mandatory by law, getting it registered increases its genuineness and authenticity compared to an unregistered will. SCORPION LEGAL SERVICES assists in the entire procedure of getting the will registered for our clients across the country. A prior appointment is taken at the office of the sub-registrar by payment of the requisite fee. On the date of the appointment, our team assists the clients in getting the will registered at the concerned authorities without any hassle and long waiting hours. The testator, along with two witnesses, must be physically present at the office of the sub-registrar. It is usually advised that the witnesses should be someone known to the testator, who can verify the mental health of the testator.

  3. Estate Planning (एस्टेट योजना)

    Estate planning is the preparation of tasks that serve to manage an individual’s asset base in the event of their incapacitation or death. Estates are planned either on the foundation of a will or a trust. Various strategies can be used to limit taxes on an estate, from creating trusts to making charitable donations. Estate planning, therefore, depends on the wealth and succession planning of the owner and differs from case to case. While a will might suit one form of estate, a trust may be more beneficial for another.

SCORPION LEGAL SERVICES has a well-defined team of professionals with expertise and know-how in estate planning. We provide assistance with handling all the procedures and documentation involved in different types of estate planning methods, such as wills and/or trusts. Our team can provide expert advice on drafting and registration of crucial documentation to ensure that your estate reaches its rightful heirs with minimal dispute/litigation and help in the succession of your wealth in accordance with various personal succession laws. Our team can also help create a Power of Attorney (अधिकार पत्र) and maintain your tax liabilities. We are skilled in the drafting of wills and trust deeds. The use of a will for family estates is often preferred due to its ease and lack of formalism. The only essentials, practically, are that the testator be of sound mind and that witnesses are present at the time of writing the will. Our lawyers can help in drafting wills that provide clarity on the following:

🔹Clarity on who gets assets – what and how much
🔹Exclude estranged people
🔹Helps in taxation
🔹Authenticating a will by the court, known as probate, makes the will bullet-proof
🔹A will cannot be challenged in court if all the necessary elements are fulfilled

A trust deed is the most important document for a trust as it conveys the transfer of property to a third party, usually known as a ‘beneficiary’. For trusts and trust deeds, our lawyers can help in the careful drafting of deeds and in following the correct procedure of law. Our lawyers assist with effective reduction of taxation on capital and income, particularly for the beneficiary. We help in broad categories of trusts such as living trusts, testamentary, funded, unfunded, revocable, and irrevocable. Our skilled lawyers can ensure that all bases are covered for an effective and unambiguous trust deed for your beneficiaries. Wills and trusts are not to be seen as competing against one another; this is not an either/or case. Rather, it depends on what works best for your estate. For small estates with uncomplicated assets, a will may be the simplest and most cost-effective choice. A combination of a will and trust can ease financial and administrative burdens. Our lawyers can study the type of estate you possess and accordingly guide you on the type of estate planning that best suits your interests and those of your legal heirs.

Trusts Lawyers (ट्रस्ट वकील)

A trust is a type of fiduciary relationship in which a party, known as the trustor (विश्वासकर्ता), gives another party, the trustee (ट्रस्टी), the right to hold title in property or assets for the benefit of a third party, who is the ultimate ‘beneficiary’ (लाभार्थी). Trusts ensure that assets are managed according to the wishes of the trustor and help save time, paperwork, and legalities. A trust can be used to maintain confidentiality of assets and their value. It has six broad categories – living, testamentary, funded, unfunded, revocable, and irrevocable – thus, making it a flexible option. It is effective in reducing taxation on capital and income, particularly for the beneficiary.

SCORPION LEGAL SERVICES provides advice to clients on estate planning, including the preparation of a trust deed (ट्रस्ट विलेख). As transfers by trusts are generally quicker and maintain confidentiality, this is often a key element for choosing trusts as families and businesses want to ensure the privacy of their estates. This is where our lawyers play a key role. SCORPION LEGAL SERVICES estate and trust lawyers ensure that there are no gaps present. With the right amount of expertise and efficiency, trusts can be effective in reducing taxation on capital and income, particularly for the beneficiary.

Our lawyers can help in drafting special clauses and provisions that may be missed by you, thus helping in avoiding future litigation and disputes and also assisting in the registration of trusts. With the right amount of experience, proficiency, and command on the subject, our team aims to provide top-notch services to clients.

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