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Should you list gold in your will? Legal and tax implications

Including physical and digital gold in your will can prevent future disputes and ease the inheritance process.

August 08, 2025 / 13:16 IST
Gold as an asset: It's not just an heirloom
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Gold as an asset: It's not just an heirloom
Gold, whether as jewellery, coins, or even bars, is not only a family tradition of the past—it's an asset worth its weight in gold. In India, where gold is a household item, people do not think much about including it into their will. Unless mentioned specifically, gold assets can become a cause of conflict for the inheritors or become a point of contention in the legal transfer of property. Hence, considering gold as any other material asset is pragmatic and essential.
Why you should put gold in your will
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Why you should put gold in your will
Including gold in your will makes your wishes regarding its distribution clear and legally binding. Without including it, the property could pass by way of ambiguous terms or at lawyers' discretion, leading to probate delay or family litigations. Family heirloom jewellery or recent gold ETF purchases, stating the amount, place, and beneficiary in your will simplifies inheritance and spares emotional and legal pain for your inheritors.
Legal consequences of dropping gold
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Legal consequences of dropping gold
Legally, gold is equal to any other movable property according to Indian succession law. To ensure it is included in your will, ensure document is signed, dated, and witnessed by two individuals. For digital gold, sovereign gold bonds, or gold funds, it's also a good idea to include account or folio numbers. For physical gold, keep inventory notarised, and mention storage places. That way, the executor will exactly know where to find and disperse the gold according to your wishes without legal trouble.
Tax implications to the beneficiary
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Tax implications to the beneficiary
Inherited gold under a will is tax-exempt during inheritance but the beneficiary will have to pay capital gains tax when he or she sells it in the future. Cost of acquisition is computed on cost of first-time acquisition and holding period is added to the tenure of the former owner. It can prove to be beneficial for the purpose of tax on long-term capital gains, which is currently lower than short-term. It is also suggested for the inheritors to maintain records of valuation as of date inherited for the purpose of tax reporting.
Systematic disclosures and record keeping
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Systematic disclosures and record keeping
To facilitate the process, it is recommended that you maintain proper records such as purchase bills, valuation certificates, and bank locker details if any. Periodic updating of your will with your new gold assets keeps your will updated and avoids disputes. Declarations of gold holding in your wealth returns or income tax returns, if necessary, provide legal clarity and avoid questioning at the time of transfer of the estate. Clarity during your lifetime also spares your heirs from questioning or legal verification after your death.
Wealth transfer planning is a measure of financial responsibility
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Wealth transfer planning is a measure of financial responsibility
It is not merely a legal due diligence matter to leave gold in your will—it is financially responsible. Since gold continues to be emotionally and financially precious in Indian families, it is always wise to get it to the desired beneficiaries. Paperwork, compliance, and tax smartness secure the inheritance you desire to bestow upon your loved ones, and provide them with a hassle-free, controversy-free inheritance experience.
Moneycontrol PF Team
Tags: #will
first published: Aug 8, 2025 01:16 pm

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