Why Indian Parents Avoid Writing Wills: A Legacy of Silence and Litigation

When we think of legacies, we imagine a seamless transfer of wealth, values, and cherished memories. Yet, for many Indian families, inheritance often becomes a source of bitterness and court battles. At the heart of this lies a perplexing question: why do so many Indian parents avoid writing wills?

The Fear of Being the Villain

Indian parents, deeply influenced by cultural and emotional values, often hesitate to make explicit decisions about dividing their wealth. They fear being seen as unfair or partial by their children. To avoid tarnishing their image or being labeled the “bad one,” they choose to remain silent. This silence, while seemingly harmless, plants the seeds of future discord.

The Desire to Stay in Good Books

By not documenting their wishes in a will, parents believe they remain neutral in their children’s eyes. They avoid taking sides or making choices that could upset the family equilibrium. In their minds, letting their children “figure it out” after their demise keeps them from being seen as the cause of disputes. Ironically, this very inaction often becomes the root of future family conflicts.

A Misguided View of Legacy

What parents fail to realize is that their refusal to act decisively often leads to bitter disputes among their children. Siblings who once shared warm bonds may end up in lengthy, expensive court battles. In some families, these disputes last for generations. Grandchildren may continue fighting the same battle their parents began decades ago.

And what happens when these disputes persist? Often, the “pie” becomes too small after being eroded by legal costs, inflation, or market conditions. Worse, the future generation may not even be interested in the assets being fought over. Perhaps the family home, once a prized possession, has become inconsequential because the grandchildren have relocated abroad or moved on in life. For them, the legacy is no longer meaningful—it’s just a bitter memory of a conflict they didn’t start.

Lack of Awareness About Succession Laws

A significant contributor to this issue is the lack of awareness about Indian succession laws, particularly under the Hindu Succession Act. Many Hindu families still cling to the outdated belief that daughters, after marriage, no longer have a claim on the family estate. Parents often rationalize this by saying, “I gave her everything at the time of her wedding,” after spending significant amounts on the ceremony.

However, the law is clear: under the Hindu Succession Act, daughters are Class 1 heirs, just like their brothers, and are entitled to an equal share of their father’s property. Unfortunately, many fathers assume their daughters will “do the right thing” and relinquish their rightful claim in favour of their brothers when the time comes. This misplaced reliance on tradition and emotional expectations often leads to unnecessary disputes and estrangements.

The Ultra-Rich vs. The Middle Class

Interestingly, the ultra-rich in India have begun to recognize the importance of estate planning. They engage professionals, create trusts, and draft detailed wills to ensure smooth transitions. They understand that wealth, if not planned for, can destroy relationships and lead to chaos.

However, for the Indian middle class, the idea of writing a will is still not widespread. This stems partly from a lack of awareness and partly from the belief that such measures are unnecessary or even ominous. The middle class often assumes their children will “figure it out,” not realizing that unresolved inheritances often do more harm than good.

The Cost of Doing Nothing

By avoiding these uncomfortable conversations, parents unknowingly put their children—and sometimes grandchildren—into challenging situations. Unresolved issues over inheritance can:

• Break familial bonds.

• Drain financial resources in prolonged legal battles.

• Leave unresolved emotional scars.

• Render the inherited wealth meaningless to future generations.

A Call to Action

It’s time for a shift in mindset. Writing a will is not about being unfair or partial; it’s about taking responsibility for the future of your family. A will ensures clarity, avoids disputes, and protects relationships. It is, in essence, a final act of love—one that prioritizes harmony over chaos.

Parents need to realize that choosing not to decide is still a decision, and often, it is the worst one they can make. A well-planned inheritance reflects a parent’s care and foresight, ensuring their legacy isn’t a burden but a gift.