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Q.

What is the Difference Between Will and Succession Certificate?

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The key difference between a Will vs Succession Certificate lies in their purpose, timing, and legal function. A will is a document written by a person to direct asset distribution after death. However, a succession certificate is a court-issued document given to lawful heirs when a person dies intestate. Let’s see more differences below.

What is a Will?

A Will is a legal document created by a person (testator) during their lifetime, specifying how their assets and property should be distributed after their death.

  • It comes into effect only upon the testator’s death and reflects their personal wishes regarding beneficiaries, executors, and asset allocation. 

  • A Will can cover both movable and immovable property.

  • It helps avoid confusion among heirs when properly drafted and executed.

What is a Succession Certificate?

A Succession Certificate is a legal document issued by a civil court after a person dies intestate (without leaving a Will), or sometimes even when a Will exists and is not sufficient for claiming certain assets.

  • It primarily relates to movable assets such as bank balances, debts, securities, and investments.

  • It authorises the holder to collect and distribute these assets among rightful heirs. 

What are the Differences Between Will and Succession Certificate?

  • Unlike a Will, a Succession Certificate does not determine ownership of property but merely establishes the legal right to collect dues.

  • Another major difference is that a Will is a voluntary document prepared by an individual. However, a Succession Certificate is granted by the court after verifying legal heirs and claims.

  • Additionally, a Will may require probate in certain jurisdictions to be legally enforced. But a Succession Certificate itself is a court order and widely accepted by financial institutions.

  • A Will ensures the planned distribution of assets as per the deceased’s wishes. But a Succession Certificate is a post-death legal remedy used to establish authority over financial assets when clarity or documentation is lacking.

Consider a will your voice after death, but a succession certificate is a legal tool for heirs. Hope you understand their differences.

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