Name: Rahul Shah
Age: 55
Profession: Professor
City: Bengaluru
Summary: It may sound logical to store your Will in your bank locker, but it can lead to considerable difficulties for your next of kin, who may not get access to the document in time. Lack of immediate access and absence of a Nominee for the locker can also lead to delays and complications during the asset transfer process.
Was there a Will: Yes
Storing a Will in a bank locker, though it may seem like the logical thing to do, creates unintended challenges when immediate access to the document is needed. Rahul's family's experience proves that this may not be the most sensible option.
Story
Rahul, a thoughtful professor from Bengaluru, understood the importance of having a well-prepared Will to ensure the smooth transfer of assets to his wife, Amita, and their two children, Saurabh and Kiran. Seeking to safeguard the document, he stored it in his bank locker, accessible only to him. Unfortunately, this seemingly secure decision had unintended consequences for his loved ones.
When Rahul unexpectedly passed away, Amita and their children found themselves in need of the Will to initiate the asset transfer process. However, they soon found out that not only could they not access the bank locker where the Will was stored, but there was no copy of the Will anywhere (or given to anyone) for safekeeping. To make matters worse, Rahul had not named a Nominee for the locker and so as per the required procedure, the bank asked for a legal heir certificate and other documents to prove their rightful heirship[1]. This left Amita and her children in a difficult situation, as it would take months to procure the necessary legal documents. If only they had a copy of the Will, all these hassles could have been avoided.
This unfortunate situation highlights an essential lesson for us all. While storing a Will in a bank locker may appear secure, it can lead to significant challenges when immediate access is required. In Rahul's case, his well-intentioned act led to unnecessary delays and complications for his family after he passed away.
Challenges
1. The primary challenge was that the family was unable to access the bank locker where the Will was stored. As a result, the asset recovery process had to proceed assuming intestate succession. Obtaining the necessary legal documents via this process took several months.
2. Lack of a Nominee and absence of anyone else possessing a copy of the Will made matters worse.
3. The bank's requirement for a copy of the Will or legal heir certificate posed a significant hurdle for the family, causing delays and complications in the asset transfer process.
Learnings
1. You must store the Will in a place that is easily accessible to the Executor, family members, or trusted individuals involved in executing the Will. This ensures that the document can be promptly retrieved when needed.
2. Always appoint a Nominee for your assets. Doing so is a best practice, because gaining access becomes much smoother and quicker.
3. Sharing information about the Will and leaving copies with trusted family members or friends can help mitigate challenges and ensure a smooth transition.
[1] Different banks have different requirements in place regarding documentation to be submitted by the locker holder.