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 the country where they are. A will valid in India may not work smoothly abroad and vice versa. Many NRIs are advised to keep two wills, one for Indian assets and one for overseas assets, drafted so they don't 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 generally 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, the law generally recognises only your own and legally adopted children.

Sort My Legacy's inventory, documents and Family Access work for any family: you can add anyone, related to you or not, to your Family Access list. The Will Builder is narrower. It drafts only under the Hindu Succession Act 1956, for people living in India, so if you live abroad or your situation needs wording it doesn't offer, have a lawyer draft your will and keep a copy in Document Storage.

General information, not legal, tax or financial advice. Laws and rules change, so check with a qualified lawyer or CA before you act.