Handling financial responsibilities after a family member has passed on is daunting. Of these responsibilities, perhaps the most important is establishing ownership of Mutual Fund investments to allow for the transfer of assets. Knowing all these procedures and conditions makes it easier and prevents such investments from being passed to the next level with lots of complications and lengthy legal formalities.
Now, let us consider the details of how Mutual Fund investments can be claimed after the death of an investor.
Who Can Claim Mutual Fund Investments?
The ability to claim Mutual Fund investments must be influenced by the form of account and the nominees or legal structures. Here’s a detailed breakdown:
1. Joint Account Holders
When the Mutual Fund account is jointly held, here’s how things work:
- Surviving Joint Holder(s): If the account is joint one, the survivors take legal action towards claiming the investments. The transfer is usually smooth since joint accounts have survivorship tenements.
- All Holders Deceased: The process of claiming the amount varies depending on whether a nominee exists or the legal heirs are needed in the case all the joint holders are deceased.
2. Nominees
A nominee usually is an individual appointed by the investor during his/her lifetime to succeed him/her in managing the investments. This normally removes confusion when claiming since the nominee takes over the investment without involving the courts.
3. Legal Heirs
In the case where no nominee is named or where the nominee in the investment has passed on, the legal next of kin to the investor can lay a claim to the investments. Legal heirs are identified:
- Through a Will: By the Will provided by the deceased, the assets are supposed to be distributed.
- Through Succession Laws: In case of no will, the legal heirs are always provided through the Succession Act (Hindu Succession Act / Indian Succession Act, etc.).
The Claim Process for Mutual Fund Investments
To claim Mutual Funds, the following steps are involved and for joint holders, nominees, or legal heirs, a different procedure is to be followed, like:
Step 1: Contact the Mutual Fund Houses
Before submitting any claims, the claimants must visit every Mutual Fund house in which the deceased invested. As investments are dispersed across several fund houses, the claimants should have all folio numbers and account details as far as possible for better reconciliation.
Step 2: Prepare and Submit Required Documents
The required documents depend on the claimant’s relationship with the deceased investor:
For Joint Holders/Nominees:
- Transmission Request Form: In this one, a formal request to transfer some units in favor of the claimant is incorporated.
- Death Certificate: An authenticated copy of the death certificate of the investor.
- KYC Documents: Original ID proof for the beneficiary like an Aadhaar, PAN, or Passport.
- Bank Account Proof: A canceled cheque or bank statement for processing payouts.
For Legal Heirs (Additional Documents):
- Indemnity Bond: A bond signed by all the heirs agreeing to cover the fund house in case of arising disputes.
- Affidavits: Sworn statements of the claimant and witnesses to the claim.
- Probated Will or Succession Certificate: Evidence that the person should have an entitlement to the property in question.
Step 3: Division Among Multiple Claimants
Here’s how things work if there are multiple claimants:
- With a Will: In the case where the deceased owned a will then the investments are resolved according to the will.
- Without a Will: If there is no will the units are split as per succession laws and are shared among all the heirs equally.
Step 4: Follow-Up and Processing
Concerned Mutual Fund houses cross-check with the documents and accept the claim. A claimant should ensure they follow up on the case more often to press for the case and dispute any issue which they do not agree with.
Tax Implications of Claiming Mutual Funds
Understanding the tax implications helps claimants plan better:
- Tax-Free Transmission: Mutual Fund unit transfers to claimants are not a taxable event and do not trigger capital gains tax.
- Post-Transfer Transactions: All subsequent redemptions, dividends, or profits from these units attract Capital Gains Tax depending on the type and holding period of the funds.
- Consult a Tax Expert: It is therefore recommended that one should consult on future tax compliance on these investments.
Additional Tips for Investors to Simplify the Claim Process
Here are some more tips that investors can keep in mind to ensure a better process of claiming for the successors:
- Nominate a Beneficiary: It’s important to always register a nominee for your Mutual Fund investments to avert such legal issues. The nominee information should also be changed each time there is a change in status in the life of the nominee such as marriage, childbirth, or death of an earlier nominee.
- Maintain Clear Records: It’s necessary to maintain balances of all investments, mutual fund statements folio numbers, or any associated bank account. But, ensure that these records are safe only but are well accessible to other related kin or reliable attorneys.
- Draft a Legal Will: Of course, a legally enforceable will is precisely drawn with an emphasis on the division of property and therefore minimizes conflicts among the beneficiaries. It is recommended to review and update the will from time to time to cater for any change in assets or even the number of family members.
Challenges for Claiming Mutual Funds
Here are some common challenges associated with claiming mutual funds:
- Documentation Errors: Inadequate or the wrong set of documents can cause a delay. Make sure all the forms are properly filled out and contain no errors.
- Legal Formalities for Heirs: For legal heirs, it might take weeks or months if they want a succession certificate or probated will.
- Processing Time: Claims by the Security Mutual Fund houses take between 15-30 days up to the time the claims are processed, depending on the documentation stages.
Conclusion
The record documentation, as well as the update of records and nominees, will assist investors in protecting their close ones from added difficulties. As for the claimants, it is also helpful to know what is expected of them and be as active as possible in providing necessary paperwork, as it makes the process go quicker.
Nonetheless, preparation is the key to a successful transfer of assets, ensuring that the family is properly financially equipped at a very difficult time.