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Nomination is not succession — know the difference

One of the most dangerous assumptions in Indian financial planning is that a nominee and a legal heir are the same thing. They are not — and the confusion causes real pain.

A nominee on your LIC policy, your mutual fund folio, or your bank account is essentially a custodian. They receive the money on your death. But they may not be legally entitled to keep it. Under Indian succession law — Hindu Succession Act, Indian Succession Act, or personal law depending on the family — the legal heirs may be different from the nominee. The nominee holds the money in trust until succession is determined.

In practice, this means a policy with your brother as nominee may result in the money going to your brother even though your wife and children are the legal heirs. The family then faces a legal dispute at precisely the moment they can least afford one — emotionally or financially.

The fix is straightforward but requires attention. First, ensure nominations on all policies, folios, and accounts are aligned with your intended beneficiaries — usually spouse and children. Second, write a will that clearly states who should receive what. The will and the nominations should tell the same story. Third, if your situation is complex — joint Hindu family, multiple marriages, NRI status, properties in different states — consult a lawyer who understands succession law in your specific context.

My father-in-law has seen this confusion play out over five decades of LIC claims. The family where the nomination was current and the will was clear had a smooth, dignified experience. The family where the nomination was stale and no will existed had months — sometimes years — of stress, paperwork, and family friction.

Updating a nomination takes ten minutes. Writing a basic will takes an afternoon. The alternative takes years.

We would rather you own less and understand more than the reverse. Use notes like this to ask better questions — not to shortcut diligence. Scheme documents, costs, and your own goals still come first. Written for general education — not as individual investment, tax, or legal advice.

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