A Guide to Drafting a Will in India: The Importance, Legal Framework, and Consequences of Intestacy

Yash Patel
Sep 14
17 min read

The Testamentary Legacy

A will is a foundational component of comprehensive estate planning in India. It transcends its simple definition as a legal document by serving as a final, proactive act of care, clarity, and control. In a will, a person, known as the testator, makes a legal declaration of their intentions regarding the distribution of their property to be carried out after their demise. This report frames a will not merely as a set of instructions but as a lasting gift to one's loved ones, designed to prevent disputes, minimize legal complexities, and ensure a smooth transition of assets. It is a vital tool for securing a legacy and providing peace of mind for both the testator and their family.

This guide provides an exhaustive analysis of the importance of drafting a will, a practical and legal roadmap for its creation, and a detailed examination of the consequences that arise when a person dies without one, a state known as intestacy. It delves into the specific legal frameworks, including the Indian Succession Act, 1925, and other personal laws, while also addressing modern challenges like the management of digital assets.

1. The Indispensable Guide to a Will in India:

Foundations of Testamentary Succession

Defining a Will: A Legal Declaration of Intent

A will is a potent legal instrument defined under the Indian Succession Act, 1925. According to Section 2(h) of this Act, a will is “the legal declaration of the intention of the Testator with respect to his property which he desires to be carried into effect after his death”. This definition underscores several fundamental principles. The term "legal declaration" signifies that the document is not merely a set of wishes but a formal, legally binding instrument that can be enforced by a court of law. It also highlights the voluntary and conscious nature of the act. The will must truly reflect the "intention" of the testator, which means it must be created without any undue influence, coercion, or fraud. This principle is a cornerstone of testamentary law and directly informs the legal requirements for a will's validity. A will is distinct from other legal documents in that it takes effect only after the testator's death and can be revoked or amended multiple times during their lifetime.

The Legal Framework: An Introduction to the Indian Succession Act, 1925

The primary legislative measure in India governing the substantive law of testamentary succession is the Indian Succession Act, 1925 (ISA). This Act provides a comprehensive framework for the execution, revocation, and interpretation of wills for a majority of communities in India. It is a consolidating Act, meaning it brought together several pre-existing central acts into one coherent law, replacing earlier enactments like the Indian Succession Act, 1865.

While the ISA is widely applicable, it is important to note its specific exemptions. The Act governs testate succession for all communities except Muslims, whose wills and inheritance are guided by the relevant Muslim Personal Law (Shariat Law). For Hindus, Buddhists, Jains, and Sikhs, certain sections of the ISA apply to testamentary succession, while intestate succession is governed by their personal laws, most notably the Hindu Succession Act, 1956. The ISA's existence ensures that for most individuals in India, a clear, codified set of rules exists for distributing property through a will, offering a uniform system that is both reliable and enforceable.

2. Your Final Act of Care: The Profound Importance of a Will

A will is a document of immense significance that serves as a shield for one's legacy and a source of protection for their family. Its importance is not just legal but also deeply personal, rooted in the desire to provide clarity and security for loved ones.

Ensuring Your Wishes are Honored: Gaining Control over Asset Distribution

One of the most critical functions of a will is to give the testator complete control over their estate. By drafting a legally binding document, an individual can specify precisely how their assets—including financial assets, real estate, and personal belongings—should be distributed among their chosen beneficiaries. This power is essential because it allows the testator to override the default rules of intestate succession. These laws, which are based on a rigid hierarchy of heirs, may not align with a person's wishes. For instance, without a will, a person cannot provide for a long-term partner, a close friend, or a charitable organization, as these individuals or entities would be excluded by default succession laws. A will is the only way to ensure that one's personal relationships and intentions are legally recognized and respected.

The Proactive Prevention of Family Disputes

A well-drafted will acts as a transparent roadmap for asset distribution, significantly reducing the likelihood of family conflicts and legal battles. When a person's preferences and intentions are clearly outlined in a written document, it leaves no room for ambiguity or misinterpretation. This clarity provides a guiding document for all beneficiaries, mitigating the potential for disagreements and misunderstandings that can arise when assets are not explicitly accounted for. By providing a clear and fair plan for the division of assets, a will helps protect the relationships among loved ones during a time of grief and vulnerability.

Safeguarding Vulnerable Beneficiaries

For individuals with minor children or dependents, a will is a crucial tool for protection and financial security. A will is the only legal document that allows a parent to appoint a guardian for their minor children. Without this provision, a court would be tasked with deciding the custody and financial allocation for the children, a process that can be both uncertain and emotionally taxing. Similarly, a will enables the creation of specific provisions and trusts for dependents with special needs, ensuring their long-term care and financial well-being are secured according to the testator's precise instructions.

The Peace of Mind a Will Provides

Beyond its legal and practical benefits, a will provides a profound sense of peace of mind. For the testator, it offers the certainty that their final wishes will be honored and their loved ones will be cared for after their death. This feeling of security eliminates the anxiety that can come from not having a plan in place. For the surviving family, a will is an invaluable gift of clarity during a trying and emotional time. It spares them from having to make difficult choices or navigate complex legal processes while grieving, allowing them to focus on each other and carry out the testator's desires without uncertainty.

A Critical Distinction: The Myth of the Nominee

A common and often costly misconception is the belief that appointing a nominee for assets such as a bank account, mutual fund, or life insurance policy is a substitute for a will. The research indicates that a nominee's role is not that of a legal beneficiary but a temporary custodian of the asset. A nominee is appointed to hold the asset until it can be legally distributed to the rightful legal heirs, who are determined by either a will or the applicable laws of intestate succession.

This distinction is of paramount importance. While a nominee can claim the asset to facilitate a quick transfer, the actual legal ownership remains with the deceased's estate. The legal heirs, as defined by personal laws or a will, retain the right to contest the nominee's claim and demand their share. A reliance on a nominee without a will can therefore lead to the very family disputes the testator hoped to avoid, as family members may enter into prolonged legal battles over the rightful ownership of the assets. A will is the only document that clearly and definitively defines who the ultimate beneficiary is, thereby preventing complications and ensuring the testator's wishes are truly carried out.

3. Drafting Your Will: A Practical and Legal Roadmap

Creating a valid will in India is a straightforward yet meticulous process that requires careful adherence to specific legal and practical requirements. The following steps provide a comprehensive guide to drafting a robust and legally sound document.

Essential Legal Requirements for a Valid Will

For a will to be considered valid and enforceable in India, it must fulfill several key legal criteria, primarily governed by the Indian Succession Act, 1925.

Testamentary Capacity: The individual making the will (the testator) must be at least 18 years of age and of "sound mind" at the time of its creation. Being of sound mind means the person must have the mental capacity to understand the nature of their actions, including the assets they are bequeathing and the identities of their beneficiaries. A will is void if it is made under fraud, coercion, or undue influence.
Written Document: While oral wills may be recognized in rare cases under certain personal laws (such as for Muslims), the standard and most reliable practice is that a will must be a written document. It can be handwritten or typed on plain paper, as stamp duty is not required for a will in India.
Execution and Attestation: The will must be signed or marked by the testator, or by another person in their presence and under their direction. This signature must be attested by at least two witnesses who have seen the testator sign the document. The witnesses must also sign the will in the presence of the testator, though not necessarily at the same time as each other. The role of the witnesses is not merely ceremonial; they serve as a critical legal and practical safeguard. Their signatures attest to the testator's mental capacity and voluntary intent, providing critical testimony in court should the will ever be challenged on grounds of coercion or fraud.

Practical Steps to Drafting a Comprehensive Will

Drafting a will requires a systematic approach to ensure all details are precise and accurate.

Step 1: List Your Assets: Begin by creating a comprehensive inventory of all assets. This includes all movable property (such as bank accounts, investments, vehicles, jewelry, and personal belongings) and immovable property (such as real estate). It is crucial to be specific and detailed, listing every bank account number, property address, and investment detail to prevent confusion.
Step 2: Identify Beneficiaries: Clearly specify the full names of the individuals or organizations who will inherit your assets. It is advisable to state their relationship to the testator and avoid using nicknames or other vague identifiers that cannot be officially verified.
Step 3: Appoint an Executor: Select a trustworthy and responsible individual to serve as the executor of the will. This person is responsible for carrying out the instructions outlined in the will, which includes managing the estate, paying debts and taxes, and distributing assets to the beneficiaries. The executor can be a friend, a family member, a professional, or even a beneficiary, and it is essential to discuss this decision with them to ensure their willingness to fulfill the role.
Step 4: Designate a Guardian: If a person has minor children or dependents, the will should explicitly name a guardian to care for them. This is a vital provision that ensures the well-being and financial security of the children are decided by the parent and not by a court.

Avoiding Common Pitfalls

Even with the correct legal framework, a will can be rendered ineffective by common drafting errors.

Vague Language: The use of ambiguous or generic terms, such as "my belongings," "a significant portion," or "all my assets," should be avoided. Such language can lead to misinterpretation and can be easily contested by beneficiaries, leading to disputes. A will must be as specific as possible.
Not Updating the Will: A will should not be seen as a one-time task. It is crucial to review and update the document periodically to reflect changes in personal circumstances, such as new assets, the birth of children, marriage, divorce, or the death of a beneficiary or executor. If a person makes more than one will, the most recent, valid one generally overrides any previous wills.
The DIY Trap: While online templates or generic forms may seem convenient, they often fail to account for the complex and nuanced aspects of Indian inheritance laws. The legal landscape is constantly evolving, and a poorly drafted, generic will may be deemed invalid, thereby jeopardizing one's legacy and creating legal complications for the family.

4. The Added Layer of Security: Understanding Will Registration in India

Legal Standing of a Registered vs. Unregistered Will

A common question in estate planning is whether a will must be registered. Under the Indian Registration Act, registration of a will is not mandatory. A will that is simply written on a plain piece of paper and attested by two witnesses is considered 100% legally valid and can be submitted in all courts of law. However, there is a significant distinction between a document that is legally sufficient and one that is practically robust.

The Uncontested Benefits of Registration

While not a legal requirement, registering a will is a highly advisable step that provides an added layer of security and legal validity, making it significantly more difficult to challenge in court.

Authenticity and Safety: Registering a will involves filing it with a local sub-registrar's office, where it is maintained as an official record. This process provides strong legal evidence of the will's existence and contents, protecting it against loss, destruction, or tampering.
Protection Against Challenges: The registration process acts as a powerful deterrent against future legal disputes. It involves an in-person visit to the registrar's office, where the testator and witnesses must present identification. This official verification makes it extremely difficult for anyone to later challenge the will on common grounds like forged signatures, questions about the testator's mental capacity, or claims of undue influence or coercion. The process essentially adds the government as an additional witness to the will, providing an independent and verifiable record of its creation.
Peace of Mind and Simplicity: A registered will is deemed more credible in court, which can significantly simplify and speed up the probate process. This saves beneficiaries valuable time and money and provides peace of mind, knowing that the document is secure and its instructions are more likely to be carried out without lengthy legal battles.

The Registration Process: A Procedural Walkthrough

The process for registering a will is relatively straightforward. The testator must visit the sub-registrar's office within whose jurisdiction they reside or own property. They must be accompanied by at least two witnesses. The registrar will verify the identity of all parties, and the will is then examined, recorded, and stamped. It is important to note that stamp duty is not mandatory for registering a will in India.

5. The Unplanned Legacy: The Consequences of Intestate Succession

When an individual passes away without leaving a legally valid will, they are said to have "died intestate". In such circumstances, the distribution of their assets is no longer a matter of personal choice but is instead governed by the default laws of intestate succession, which are based on the deceased's personal law and religion.

The Default Path: How Legal Succession Laws Dictate Asset Distribution

The fragmented nature of India's succession laws means that the distribution of an estate without a will is determined by the deceased's religious identity at the time of their demise. A will is the only way to ensure that a person's life's work is distributed based on their relationships and intentions, rather than a rigid, statutory framework.

The Hindu Succession Act, 1956: This Act governs Hindus, Buddhists, Jains, and Sikhs. When a male from these communities dies intestate, his property is distributed hierarchically to a specific class of legal heirs. The first priority is given to Class I heirs, who include the widow, sons, daughters, and the mother. The property is distributed equally among these heirs. If there are no Class I heirs, the property passes to Class II heirs, followed by agnates (relatives through male lineage) and then cognates (relatives through female lineage). The Hindu Succession (Amendment) Act, 2005, brought about a revolutionary change by granting daughters equal coparcenary rights with sons to ancestral property, ensuring gender equality in inheritance.
The Indian Succession Act, 1925: This Act governs succession for Christians and Parsis. For a person with a spouse and children, the law dictates a specific division: one-third of the estate goes to the spouse, and the remaining two-thirds are distributed equally among the children.
Muslim Personal Law: The inheritance of a Muslim person is governed by the Muslim Personal Law (Shariat) Application Act, 1973. Unlike other communities, inheritance under Muslim law is not a birthright. The system of inheritance is unique, dividing heirs into "sharers" and "residuaries" with predetermined shares based on Quranic principles. For instance, a widow with children receives a predetermined one-eighth of her deceased husband's property.

The Practical Consequences of Intestacy

Dying without a will places a significant financial, emotional, and temporal burden on the surviving family.

Lack of Control: The most profound consequence is the loss of control over one's legacy. Asset distribution is determined by a default law that may not reflect the deceased's personal wishes, potentially leading to the exclusion of important individuals or organizations they wished to benefit.
Delays and Legal Complexities: The process of administering an intestate estate is far more time-consuming and complicated than managing an estate with a valid will. Without a clear document, legal heirs must go through a court-monitored process to establish their right to the property, leading to significant delays and legal complexities.
Financial and Emotional Burden: Intestate succession often results in costly and prolonged legal battles among family members who may contest who qualifies as a legal heir or how assets should be divided. It can also lead to the loss of assets that are not clearly documented, with a significant amount of money in India remaining unclaimed in banks and insurance companies. The emotional toll of these conflicts and the administrative burden placed on the family during their period of grief can be immense.

6. Navigating the Post-Demise Legal Landscape Without a Will

In the absence of a will, surviving family members are required to obtain specific legal documents to establish their authority to manage and distribute the deceased's estate. This process is a reactive substitute for a will and comes with significant costs, delays, and complexities, placing a substantial financial and temporal burden on the family.

The Role of a Succession Certificate

A succession certificate is a legal document issued by a District Court to grant authority to a legal heir to handle specific financial assets and securities, such as bank deposits and debt securities. It provides protection to parties (like banks and financial institutions) who pay debts to the certificate holder, ensuring the transaction is legally valid.

The process to obtain a succession certificate is a formal legal procedure. It requires the legal heir to file a petition with the relevant civil court, providing detailed information about the deceased and their assets. The court then holds a preliminary hearing and may publish a public notice in a newspaper to invite objections from any other potential claimants. Only after a final hearing and a bond is submitted is the certificate granted, a process that can be both time-consuming and complicated.

The Role of Letters of Administration

A Letter of Administration (LOA) is a more comprehensive court document than a succession certificate. It is issued to legally authorize a person, known as an administrator, to manage and distribute the deceased's entire estate. An LOA is necessary when a person dies intestate, or when a will exists but no executor has been named or the appointed executor is unwilling or unable to serve.

The process for obtaining an LOA is extensive. A petition must be filed in the relevant district court, along with essential documents, including the deceased's death certificate and a full inventory of all assets and liabilities. The court will then require a public notification to be published in a local newspaper to invite objections. After reviewing the application and hearing any objections, the court may grant the LOA, legally authorizing the administrator to pay off debts and distribute the remaining assets to the legal heirs according to the laws of intestate succession.

Costs and Delays

Both of these legal processes are far from a simple administrative task; they are full-fledged legal procedures that come at a cost. The court fees for a Letter of Administration are based on the value of the estate, with fees ranging from 2.5% to 4% of the estate's value depending on the amount. The entire process can lead to significant delays in asset distribution, tying up the estate for an extended period of time and causing confusion and frustration for the family.

7. A Modern Imperative: Planning for Your Digital Assets

In the modern digital age, a person's assets are no longer limited to physical and financial holdings. A significant portion of a person's life and wealth exists in cyberspace, presenting a new and complex challenge for traditional estate planning.

Defining the New Frontier: What Constitutes a Digital Asset?

Digital assets are not yet defined under a single statute in India, creating a legal blind spot for succession. In practice, they include a wide range of content and rights that are in digital form. This encompasses cryptocurrencies (like Bitcoin), online banking and UPI wallet balances, social media accounts (e.g., Facebook, Instagram), cloud storage accounts (Google Drive, iCloud), and revenue-generating content (e.g., YouTube channels, blogs).

The Legal Vacuum in India: A Modern Challenge

Current Indian succession laws, including the Indian Succession Act, 1925, and the Hindu Succession Act, 1956, were drafted long before the digital age and therefore do not explicitly address the inheritance of digital assets. This legal vacuum creates significant uncertainty for heirs and executors. The situation is further complicated by platform-specific "Terms of Service" (ToS), which often prohibit the transfer of accounts and access credentials to any third party, even to legal heirs. Without clear legislation, these private contracts often override any national legal framework. As a result, valuable digital assets can be lost forever if the owner's passwords or private keys die with them.

The "Digital Executor" Clause: A Proactive Solution

In the absence of a formal legal framework, individuals must be proactive by leveraging the existing legal structure of a will to navigate this modern challenge. A strategic and increasingly common solution is to include a "digital executor" clause in a will or trust. While Indian law does not yet recognize a "digital executor" as a separate office, a will can explicitly empower a chosen person to manage a person's digital assets. This clause provides a court-sanctioned representative who can deal with service providers, regulators, and other custodians, giving heirs the legal authority they need to bypass restrictive ToS and manage the digital estate. This clause is not a legal mandate; it is a strategic legal tool that provides a formal, court-backed method to address a legal problem.

Practical Recommendations

Appoint a Digital Executor: Include a clause in the will that clearly names a trusted person to serve as a digital executor and grants them specific authority to access, transfer, close, or archive online accounts in compliance with applicable law.
Maintain a Separate Inventory: It is recommended to create a confidential and encrypted inventory of all digital assets, account details, and the location of recovery phrases or keys. This inventory should be kept separately from the will itself to protect privacy and security, with the will merely referencing the existence of this confidential document.
Utilize Platform Legacy Features: Individuals should also take advantage of platform-specific legacy features where available, such as Google's "Inactive Account Manager" or Apple's "Digital Legacy," to pre-decide who gets their data or account access after a period of inactivity.

Conclusion: Taking Control of Your Legacy

The comprehensive analysis presented in this report establishes a clear and compelling argument for drafting a will in India. The act of creating a will is a powerful expression of intent and responsibility that provides a clear, legally enforceable roadmap for a person's legacy. While an unregistered will on a plain sheet of paper is legally valid, the practical benefits of registration in safeguarding against disputes and establishing authenticity are undeniable.

In the absence of a will, a person’s estate is left to the mercy of impersonal, statutory frameworks that may not align with their personal wishes. The resulting legal processes, such as obtaining a succession certificate or a Letter of Administration, are not simple fixes; they are reactive burdens that place significant financial and emotional strain on the surviving family. The modern challenge of digital assets further amplifies this, highlighting a legal vacuum where a proactive, well-drafted will, including a specific "digital executor" clause, is the only reliable way to ensure a person's complete legacy is preserved.

A will is not a document to be feared or a task to be delayed. It is an act of foresight that provides invaluable clarity, security, and peace of mind for the future of one's loved ones. It is, in its truest sense, a final act of love and a testament to the importance of a legacy that is carefully planned and secured.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. The legal provisions and interpretations are subject to change. It is recommended to consult with a qualified legal professional for advice on your specific situation.

Works cited

1. Essentials & Importance of Writing a Will - 1 Finance, https://1finance.co.in/blog/essentials-importance-of-writing-a-will/ 2. Creating a Valid Will in India: Legal Requirements & Process - A Agarwalla & Co., https://aagarwalla.com/blog/creating-a-valid-will-in-india-legal-requirements-process/ 3. Wills In India: A Complete Guide For Non-Lawyers - Yellow, https://www.getyellow.in/resources/wills-in-india-a-complete-guide-for-non-lawyers 4. SESSION 1: Intricacies in Intestate and Testamentary Succession under Personal Laws and Succession Act, 1925 By Justice Arindam, https://sikkimjudicialacademy.nic.in/sites/default/files/PPTs/Session%201.pdf 5. Wills And Probate under Indian Succession Act, 1925 - Samisti legal, https://samistilegal.in/wills-and-probate-under-indian-succession-act-1925/ 6. Muslim law of inheritance - iPleaders, https://blog.ipleaders.in/muslim-law-of-inheritance/ 7. 6 Benefits of Having a Will in India, https://www.nrilegalservice.com/blog/benefits-of-having-a-will-in-india/ 8. Why Every Indian Should Consider Writing a Will: A Must-Read Guide - SuperFam App, https://www.superfam.app/blog/why-every-indian-should-consider-writing-a-will-a-must-read-guide 9. Inheritance Laws in India: What Happens Without a Will - WillJini, https://www.willjini.com/blog/inheritance-laws-in-india-what-happens-without-a-will 10. The Importance of Registering Your Will: Understanding the Benefits - Corpbiz, https://corpbiz.io/learning/importance-of-registering-your-will-understanding-the-benefits/ 11. COMMON MISTAKES MADE WHILE MAKING A WILL | BANKEDGE | Professional Certification Courses In Banking, https://bankedge.in/common-mistakes-made-while-making-a-will/ 12. How To Make A Will In India: A Comprehensive Guide - Legalkart, https://www.legalkart.com/legal-blog/how-to-make-a-will-in-india 13. WillJini: Online Will Writing Service in India, https://www.willjini.com/ 14. The Role Of Witnesses In Will Writing: Legal Requirements & Best Practices - Yellow, https://www.getyellow.in/resources/the-role-of-witnesses-in-will-writing-legal-requirements-best-practices 15. Who can be a witness to a will - My Legacy Box, https://mylegacybox.in/financial-succession-planning-blogs/who-can-be-a-witness-to-a-will 16. Writing a Will: Step-by-Step Guide for First Timers - WillJini, https://www.willjini.com/blog/writing-a-will-step-by-step-guide-for-first-timers-1 17. Will Executors in India- Common Duties & Responsibilities! - WillJini, https://www.willjini.com/blog/will-executors-in-india-common-duties-and-responsibilities 18. Executor of Will in India - DigiWill, https://yourdigiwill.com/blog/executor-of-will-in-india 19. Will Writing in India: Avoid These Common Mistakes 2025, https://adjuvalegal.com/will-writting-india-common-mistakes/ 20. Why Will Registration In India Is A Wise Decision - Yellow, https://www.getyellow.in/resources/why-will-registration-in-india-is-a-wise-decision 21. What Would Happen To Your Property If You Died Intestate (Without A Will)? - Yellow, https://www.getyellow.in/resources/what-would-happen-to-your-property-if-you-died-intestate-without-a-will 22. www.getyellow.in, https://www.getyellow.in/resources/understanding-intestate-your-rights-inheritance-options-explained#:~:text=For%20Hindus%2C%20Sikhs%2C%20Jains%2C%20and%20Buddhists%2C%20intestate%20succession,among%20other%20close%20family%20members. 23. Hindu Succession Act, 1956 - Wikipedia, https://en.wikipedia.org/wiki/Hindu_Succession_Act,_1956 24. Hindu Law of Succession: Understanding The Hindu Succession Act, 1956 - Yellow, https://www.getyellow.in/resources/hindu-law-of-succession-understanding-the-hindu-succession-act-1956 25. Dying Without a Will in India: Ultimate Guide [5 min read] - EZIT Club, https://ezit.club/dying-without-a-will-in-india-who-gets-your-property/ 26. Succession Certificate In India: A Comprehensive Guide - Yellow, https://www.getyellow.in/resources/succession-certificate-in-india-a-comprehensive-guide 27. Succession Certificate - ClearTax, https://cleartax.in/s/succession-certificate-format 28. How to Apply for Letter of Administration in India - Litem Legalis, https://litem.in/letter-of-administration.php 29. Apply for a Letter of Administration | Process |Fees | Documents - Investorlink, https://investorlink.in/letter-of-administration 30. Digital Executor in India: Secure Your Assets - R Associates, https://www.rassociates.in/digital-executor-in-india-secure-your-assets/ 31. Digital Assets and Death: A Legal Vacuum in Indian Succession Law? - TaxTMI, https://www.taxtmi.com/article/detailed?id=14823 32. Digital Legacy: Can You Own Your Afterlife? - Quatro Hive, https://quatrohive.com/digital-legacy-can-you-own-your-afterlife/ 33. Digital Estate Inheritance Law: The Need of the Hour to Balance the Rights of Posthumous Privacy and Legal Heirs, https://nliulawreview.nliu.ac.in/blog/digital-estate-inheritance-law-a-need-of-the-hour-to-balance-the-rights-of-posthumous-privacy-and-legal-heirs/