If Someone Dies Without Making Will, How Does It Impact Their Children: Lawyer Shares Useful Information

If someone dies without a will, it can have far-reaching consequences for loved ones, particularly children. When a parent passes away intestate, it can lead to uncertainty, conflict, and financial insecurity for their dependents. At times, such situations can lead to costly legal battles, delayed inheritance, and emotional distress for those left behind. However, the Indian legal system states how the division of property should be handled in such a case. Let us learn about these rules in this article from our expert, Shreya Sharma, founder of ‘Rest The Case.’

What Happens To Children When Someone Dies Without A Will?

Sharma said, “When someone passes away without leaving a will, it often creates confusion and complications, especially for their children, including married daughters. Without a clear plan in place, the law decides how the deceased’s assets are divided, which can lead to unforeseen consequences and emotional stress for the family.”

Equal Inheritance in Theory, But Not Always in Practice

“Legally, most countries ensure that all children, sons and daughters, married or unmarried, have equal rights to inherit their parents’ property. This is a positive step toward fairness. However, the reality can be very different, especially in families or cultures where traditions still favour sons as primary heirs. Married daughters may find their rights ignored or questioned, even when the law protects them,” mentioned the lawyer.

The Emotional and Practical Challenges

Shreya shared, “Without a will, dividing the estate can lead to disputes among siblings. This can be a painful process that strains relationships and leaves unresolved resentment. For children still dependent on their parents, like those pursuing education or starting careers, delays in inheritance can be financially destabilising.”

“Married daughters face unique struggles. They might feel torn between asserting their legal rights and maintaining harmony with their natal family or in-laws. In some cases, they may even be pressured to give up their share entirely, often under the pretext that they are now 'Part of another family.' This not only denies them their rightful inheritance but can also add a layer of emotional guilt and societal pressure,” she added.

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Why Having a Will Matters?

Our expert said, “A well-drafted will ensures that a parent’s wishes are honoured and prevents disputes by clearly outlining how assets should be distributed. This not only promotes fairness but also minimises emotional and financial hardship for children, particularly married daughters, who may otherwise be unfairly treated due to outdated norms.”

“Dying without a will can create unnecessary hardship for children. For married daughters, it may mean having to fight for their inheritance or face unfair treatment due to outdated societal norms. The best way to protect your family from these challenges is to create a will that clearly outlines your wishes. This simple step not only ensures fairness but also provides peace of mind to your loved ones during a difficult time,” she concluded.

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