Special Situations: Planning for Non-Traditional Families

Estate planning in India assumes a traditional Hindu joint family structure. But millions of Indians live in situations the law was not designed for. NRIs with assets in multiple countries. Same-sex partners with no legal inheritance rights. Single parents with minor children. Blended families with stepchildren.

For NRIs, the challenge is dual jurisdiction. Your Indian property is governed by Indian law, while your overseas assets follow the laws of your country of residence. A will valid in India may not be recognized abroad and vice versa. NRIs need two wills: one for Indian assets and one for overseas assets, carefully drafted to not conflict.

For LGBTQ+ individuals in India, the absence of legal recognition for same-sex partnerships means your partner has zero automatic inheritance rights. Without a will, your assets go to your parents and siblings under intestate succession. A will is not optional for LGBTQ+ individuals, it is the only legal mechanism to protect your partner.

For single parents, the guardianship question is critical. If you are the sole surviving parent and you die, who raises your children? Without a will naming a testamentary guardian, the court decides based on the applicable personal law, and the court's choice may not be the person you would choose.

For blended families, stepchildren have no automatic inheritance rights under Indian law. If you want your stepchildren to inherit, you must explicitly include them in your will. Without a will, only biological and legally adopted children are recognized.

Sort My Legacy accommodates all family structures. The platform does not assume a traditional setup. Document your assets, name your beneficiaries regardless of legal relationship, and create a will that reflects your actual family.