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Introduction.
What about the financial security of the family if someone were to die
from covid-19?
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INTRODUCTION
global health crisis of our time and the greatest challenge we have faced
since World War Two. The cases are rising daily in India. Across the world,
Every day, people are losing jobs and income, with no way of knowing when
normality will return. There are daily increasing numbers of cases of corona
virus among migrant workers who have just returned home. The International
Labour Organization estimates that 195 million jobs could be lost in near
future1. Due to the lockdown and the social distancing norms, a unique
opportunity has been created all over to consider our estate plans and discuss
them with our families. All individuals of our nation, not just the elderly or
those suffering from health issues, should take the time to think and draft a
for remaining family members if the proper steps are taken now.
As the corona virus pandemic progresses and life continue to seesaw wildly,
be swept under the rug, so people in India may be more amenable to taking
action than they normally would. During these worrying and uncertain
times, making a Will is one way to take control and give yourself peace of mind
that your wishes are properly recorded should the worst happen.
Mental illness, suicides rise in India during Covid-19 crisis. Suicide was the
leading cause for over 300 “non-corona virus deaths” reported in India due to
professor of legal practice at Jindal Global School of Law Aman, said 338
deaths have occurred from March 19 till May 2 and they are related to
and fear of being tested positive for the virus 2. The suicides are followed by
1
https://www.theguardian.com/world/2020/apr/07/covid-19-expected-to-to-wipe-out-67-of-worlds-working-
hours
2
https://gulfnews.com/world/asia/india/the-human-cost-of-indias-coronavirus-lockdown-deaths-by-hunger-
starvation-suicide-and-more-1.1586956637547
migrants dying in accidents on their way back home (51), deaths associated
including vigilantism for violating rules, and denial of medical care (38).
distribution of your assets after death and can appoint guardians for minor
Without a will, the state in which you reside decides how to distribute your
dying intestate, and the resulting settlement process may not produce the
results that you would prefer for your survivors. You can prevent this from
Instructions for how and when the beneficiaries will receive the assets.
If proper beneficiaries are not named, then for assets that move outside the will
and probate process, if the named beneficiary conflicts with anything stated in
the will, then the named beneficiary prevails. This means the named
beneficiary will receive the asset, rather than anyone else named in the will,
Hindu dying intestate shall devolve according to the provisions of this Chapter
(a) Firstly, upon the heirs, being the relatives specified in class I of the
Schedule;
(b) Secondly, if there is no heir of class I, then upon the heirs, being the
(c) Thirdly, if there is no heir of any of the two classes, then upon the agnates
As the Section makes it clear that the property of a Hindu who dies intestate,
3. Property of a deceased Hindu, who died after 09th September 2005 without
3
https://indiankanoon.org/doc/1968317/
5. Property of a Hindu male came to him other than from his father.
6. A sole surviving Hindu gets share in partition will hold the property
absolutely.
Son; daughter; widow; mother; son of a pre- deceased son; daughter of a pre-
Chronic worries don’t give you any power over uncontrollable events such as
a job loss; it robs you of present day fun and saps your vitality.
Economies around the world are now suffering similar symptoms as millions
laid off with some sort of termination payout, asked to take indefinite unpaid
For those who have unexpectedly lost their jobs, this is of course a financial
challenge, but it also poses a psychological challenge. How do you treat those
emotions when you lose your job? Such situations create insecurity and
uncertainty amongst people and thus the best time for estate planning by
writing a Will.
Covid-19 pandemic sweeps the globe, it is the right time people should turn
their minds to estate planning and setting their affairs in order – having an up
to date Will is the keystone to good estate planning. This is not morbid, it
eases people’s minds and stress levels. It creates certainty and control in an
uncertain world.
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If you would like our assistance to make a Will in the current environment or
for any further information or queries on this topic please contact Tejas Parab
(tparab451@gmail.com).
Tejas Parab.
May 2020.