Kuber Vansh

Estate planning is not a one-time exercise.

A will is not a structure; a structure is not a plan. Why the once-and-done view of estate planning fails most Indian families.

[ Senior Partner ]·14 February 2026·4 min read

Most Indian business families' first estate plan is also their last. A will is drafted, perhaps a trust is set up, the document is signed, and the family considers the matter closed. Twenty years later, a death triggers a search for the document — usually in a steel cupboard — and the family discovers that what was drafted is no longer what is needed. Children have moved abroad. Businesses have grown, sold, restructured. Marriages have happened, and unfortunately also some ended. The document is technically valid and practically useless.

Estate planning is not the production of a document. It is a process the family commits to, with reviews on a rhythm. The document is the point-in-time output of that process. A document without a process behind it is, at best, a starting point.

The five life events that should trigger a review

Most families do not need to review their estate plan annually. They do need to review it at every life event that meaningfully changes the family balance sheet or the heir map. The five most common triggers, in order:

  1. A liquidity event — sale, IPO, secondary, settlement.
  2. A material change in the family — a marriage, a divorce, a birth, a death, a child moving abroad.
  3. A change in domicile or residency of a key member.
  4. A change in the structure of the operating business — restructuring, partial sale, partnership exit.
  5. A regulatory change — new tax law, new succession law, jurisdictional change in a will's enforceability.

Even without these triggers, a five-year review is sensible. Memory fades, intentions evolve, and the tax landscape moves quietly enough that a document drafted in 2018 may already be stale.

What a real estate plan covers

A useful estate plan goes well beyond the will. It typically includes:

  • A current will, registered where appropriate, naming an executor and detailing personal-asset distribution.
  • A trust structure for assets the family wants to hold across generations — most commonly, the family balance sheet, real estate, and operating-business stakes intended for long-term family ownership.
  • Nominations on every financial account, MF folio, and insurance policy, kept aligned with the will.
  • Power of attorney instruments for incapacity, alongside the will for death.
  • A succession map for the operating business — board seats, share transfer mechanisms, voting trusts where relevant.
  • A documented set of liabilities, accounts, advisors and access details that the executor can actually use. The number of estates we have seen delayed because nobody knew where the bank lockers were is non-trivial.

The mistake is to think the will is the centrepiece. The will is the legal output. The plan is the system around it.

The conversation problem

Estate planning's biggest barrier is not technical. It is the conversation. The patriarch does not want to discuss it; the next generation does not want to ask. Spouses are uncomfortable. Years go by. The plan is "in progress" in the family's mind for a decade.

We use a simple device with families: a quarterly fifteen-minute item on the family agenda titled "the plan", at which one specific question is addressed. Some quarters the question is small (do nominations need updating?). Other quarters it is large (do we need to formalise a family trust?). The fifteen-minute discipline keeps the topic alive without dramatising it. Over five years, it produces an estate plan that is genuinely current, without ever requiring a "we need to talk about the will" conversation.

A note on jurisdictional reality

For families with cross-border members, every estate plan needs at least two perspectives — Indian, and the foreign jurisdiction the relevant member is in. A single Indian will cannot address a US-resident daughter's worldwide estate exposure. A single American trust cannot govern an Indian family business. The work is harder; it is also more important. Most Indian families with cross-border heirs underestimate this by a wide margin.

The reasonable goal

The reasonable goal is not to produce a perfect plan. It is to produce a plan that is currently sensible, reviewed regularly, and accessible to the people who will need it. Done well, estate planning is unglamorous, repetitive, and genuinely useful. Done once and shelved, it is paperwork.

Written by
[ Senior Partner ]
Partner, Estates
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