Articles 12th Mar 2026

The Private Trust : A Critical Analysis of its Viability for Succession in India

Authors

Rahul CharkhaPartner | Pune
Srishti Agrawal
Srishti AgrawalAssociate | Pune

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Our Partner Rahul Charkha and Advocate Srishti Agrawal, have co-authored an article titled ‘𝗧𝗵𝗲 𝗣𝗿𝗶𝘃𝗮𝘁𝗲 𝗧𝗿𝘂𝘀𝘁: 𝗔 𝗖𝗿𝗶𝘁𝗶𝗰𝗮𝗹 𝗔𝗻𝗮𝗹𝘆𝘀𝗶𝘀 𝗼𝗳 𝗶𝘁𝘀 𝗩𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗳𝗼𝗿 𝗦𝘂𝗰𝗰𝗲𝘀𝘀𝗶𝗼𝗻 𝗶𝗻 𝗜𝗻𝗱𝗶𝗮’ published on Lexology.

The article critiques the reliance on private trusts by HNIs for succession planning. It highlights consequential pitfalls, including the rule against perpetuity, high tax rates on discretionary trusts, eroded confidentiality due to disclosure norms, non-arbitrability of disputes, and complexities from forex regulations and digital assets, urging a shift to more resilient structures.

Read the article here

   

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