Legal

How to Get a Succession Certificate for Shares?

calendar05 Jun, 2023
timeReading Time: 3 Minutes
How to Get a Succession Certificate for Shares?

A succession certificate is a legal document that a court of law issues to identify the legitimate successors to a decedent’s property. This applies to stock in corporations, which may be a significant asset in a person’s inheritance. However, if you are unfamiliar with the legal processes required, acquiring a succession certificate for shares can be a difficult and time-consuming process. This blog will define a succession certificate, explain why shares need one, and describe how to get one.

What Is The Objective Of A Succession Certificate?

A succession certificate is a legal document that a court of law issues to determine who is legally entitled to inherit a deceased person’s property. This comprises both moveable and immovable assets[1], including money, bank accounts, stocks, and stock ownership. A court of law issues the certificate after giving the claims their fair attention and considering any objections that may be made by other parties. A succession certificate is necessary if the deceased individual did not leave a will or if the will did not provide for the passing of all assets in their estate. The certificate is required in such instances to establish the lawful heirs of a deceased person’s estate.

Why Is A Succession Certificate Required For Shares?

Shares are included in the estate of the deceased since they are regarded as moveable property. A succession certificate is necessary to transfer ownership of shares from the deceased to their rightful heirs. This is due to the fact that shares are represented by share certificates that the corporation issues, rather than being retained in physical form. Without a succession certificate, these share certificates cannot be transferred.

A succession certificate is also required by many businesses in order to record a share transfer. This is done to verify that the transfer is completed to the shareholder’s legitimate legal heir and not to an unapproved third party.

How Do I Get A Succession Certificate for Shares?

Obtaining a succession certificate for shares can be a complicated and time-consuming process. The method differs from one nation to the next, as well as from one state to the next within the same country.

However, the following are the basic stages needed to get a succession certificate:

The legal heirs, as well as any conditions or restrictions on the distribution of the assets. The certificate can then be used to transfer ownership to the legal heirs by presenting it to the corporation where the shares are kept. 

Important Points to Bear in Mind 

It might take a while and be difficult to obtain a succession certificate for shares. Prior to starting this procedure, it is critical to be aware of the following vital factors:

  1. Legal Costs: Depending on the nation and the intricacy of the case, different expenses may be required to get a succession certificate. The price of legal expenses must be taken into account when figuring out the total cost of getting a succession certificate.
  2. Duration: Depending on the jurisdiction and the difficulty of the case, obtaining a succession certificate may take many months or even years. It is crucial to maintain patience and tenacity throughout the procedure.
  3. Disputes: If there are several legal heirs or if there are objections to the distribution of assets, disputes may occur throughout the process of obtaining a succession certificate. In the event of a conflict, it is crucial to obtain legal counsel.
  4. Company Criteria: In addition to requiring a succession certificate, certain corporations may also have their own criteria for transferring shares. It is crucial to confirm that all conditions are satisfied with the corporation where the shares are kept.

Conclusion

In conclusion, acquiring a share succession certificate can be a difficult and drawn-out process. It is crucial to compile the necessary paperwork, create a petition, file it in court, show up for the hearing, and get the certificate. Taking into account legal costs, deadlines, disagreements, and business requirements is also crucial. It is feasible to get a succession certificate and transfer ownership of shares to the legitimate heirs of a decedent’s estate with perseverance and patience.

Read Our Article: How To Get Succession Certificate?

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