Estate and Wealth planning law in India is complex and requires consideration of various personal laws (i.e. religion specific laws), exchange control regulations (which impose restrictions on the manner in which non-residents can own / transfer Indian property or Indian residents can plan their offshore wealth) and tax laws (which are ever evolving). This makes the structuring exercise complex and challenging. Our private client practice has been developed based on decades of experience and in-depth knowledge and understanding of the Indian economy. Our private client practice team acts as trusted advisors to our domestic and international clients, who primarily consist of high net worth individuals, family offices or the banks, trustees and other institutions representing such clients.
We typically assist our clients in achieving broad objectives ranging from succession planning, asset protection, philanthropy and maintenance of dependents specific to family and business needs. We recognise the importance of foresight and try to create solutions that last generations. Being a leading full-service law firm, we provide end-to- end solutions with assistance from our other practice groups such as corporate, tax and dispute resolution. We also work with a number of national and international trust and estate lawyers, consultants and service providers to offer our clients comprehensive and holistic services, both onshore and offshore. Our expertise include:
-
Wills and succession planning as well as related advisory work.
-
Structuring offshore investments by Indian HNIs to be compliant with the restrictions in Indian laws on exchange control and taxation.
-
Drafting, challenge to and enforceability of wills for the bequeathal of Indian assets.
-
Advise on wealth planning issues pertaining to reverse migration of Indian-origin persons from other countries, including US and UK.
-
Advise on structures that enable cross border family philanthropy including the preparation of trust funding arrangements that enable grants to charities.
-
Advise on a suitable vehicle for charity, Indian regulations pertaining to foreign charitable contributions.
-
Assisting domestic and international wealth managers and private client service providers in structuring and implementation of asset protection and succession vehicles for their clients.
-
Advising trustees in relation to their rights and responsibilities including trustee liability, fiduciary obligations, indemnification arrangements and the structuring / restructuring and implementation of cross border trust arrangements.
-
Advise on domicile of the testator for cross-border bequeathal, impact on the will of community specific succession laws as well as probate proceedings including resealing of a foreign probate.
-
Structuring of carried interest, earn outs, promoter holdings in offshore and onshore companies (listed and unlisted).
-
Setting up of trusts for asset protection, succession planning, care of dependents and lifetime gifts / distributions.
-
Trust and family office management and familial governance advisory.