Before popping the question, answer this first: would you choose a long-term map or a quick GPS ping? Both serve the purpose of showing locations, but one is short-term and the other can be useful in the future.
Choosing between a Will and Nomination is similar. Both safeguard your assets after you’re gone. But how they safeguard is what draws the distinction.
In this blog, we’ll focus on the difference in the battle of Will vs. Nomination in India to help you pick what best suits your interests.
To understand which one you need, it’s only fair to first understand what each one means.
A will is a legal document that allows you to distribute your assets (estate) – your property, jewellery, investments, guardianship of minors, and even last rites wishes. And it shall be executed exactly in the manner you wish. You can name executors, set conditions, and even restrict the permission of a nomination. However, Will might still require probate or legal verification under certain circumstances.
A nomination is a facility provided by financial institutions, such as banks, mutual funds, and insurance companies etc., that allows you to name someone who will receive a particular asset after you die. In India, nomination can also mean appointing a trustee or custodian.
A trustee or a custodian receives money on behalf of legal heirs and may not necessarily become the final owner. In simple terms, nomination takes money out of the locker but does not always settle the final owner.
Below are the conditions when you should choose to write a Will:
When you own immovable assets or property like a house, or want to distribute your estate unequally, leaving certain gifts to someone, or appointing guardians for children.
When you want to control your entire estate and add instructions for specific actions. Wills act as the dispute controller, reducing ambiguity in the chances of multiple heirs.
Here’s when you should choose a nomination:
When you are working with banks, EPF accounts, mutual funds, and life insurance, nomination is a quicker solution that minimises paperwork when the time comes.
When you don’t have plans for succession, a nomination can be a helpful shortcut. It’s not your full plan, as courts rely on succession laws or Wills to make decisions during disputes as per personal laws.
We aren’t concluding that you must always make a combo out of the two. However, it is one of the practical approaches in India. Here’s how you can make sense out of it:
Ensure nominations are in place in terms of your financial products for a smooth payout
Draft a Will and state how the nominated sums should be treated
Such a double layer secures the flow of the money while also ensuring it reaches the nominees quickly, and the Will protects the final, legally enforceable wishes of the testator.
1. If I name my spouse as a nominee on the policy, will others be left out?
It’s not always necessary. Your nominee can receive the money while the legal heir claims the lawful share. If you want your spouse to have exclusive rights, mention it specifically in your Will.
2. Should I register my Will?
While it is not mandatory, registering your Will holds more power and can reduce the chances of conflicts. Many online platforms can help you create and register Will.
Before we reach a final verdict between Will vs. Nomination, let’s quickly understand when it is appropriate to have a Will and a Nomination.
If you own property or have complicated wishes, a Will is how you can honour them.
If you need quick access to funds for your family, a Nomination is the way to go about it, but it makes sense to still have a Will.
So, the final verdict is that you must have both, not only because you can, but because it is the wiser decision than going with just one of them.
While a Will holds the roadmap to your legacy, a nomination offers a fast lane for payouts. Having both of them in place leaves your family free of stress.
Ready to secure your legacy?
Don’t leave your family alone in trying times. With AasaanWill, draft a legally valid Will within minutes and ensure your estate is distributed exactly the way you want.
Because your legacy deserves more than a nomination. It deserves clarity.
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