Fiji's own succession framework -- testamentary freedom with family provision
Fiji's succession law is set out primarily in the Succession, Probate and Administration Act [Cap 60]
(1970). Like other common-law jurisdictions with roots in English law, Fiji generally allows broad testamentary
freedom: a person can leave their Fiji estate to whomever they choose by a valid will. A separate statute, the
Inheritance (Family Provision) Act [Cap 61], lets a spouse, child, or other dependant apply to court for
reasonable provision from an estate that a will (or the intestacy rules) unreasonably fails to provide for
them. Where there is no valid will, the Succession, Probate and Administration Act's intestacy provisions
determine how the estate is distributed among surviving relatives.
Why this framework does not touch assets located in India
Fiji's succession law applies to assets situated in Fiji; it has no bearing on immovable or movable property
located in India. For a Fiji-based person of Indian origin (or an Indian citizen resident in Fiji) who dies
owning property in India, the applicable Indian succession law depends on personal law exactly as it would for
anyone else -- the Hindu Succession Act, 1956 for Hindus, Sikhs, Jains and Buddhists (relevant to much of the
Indo-Fijian community, given its historical roots); Muslim personal law for Muslims; and the Indian Succession
Act, 1925 for Christians, Parsis, and those who die leaving a valid will governing testamentary succession
generally.
Obtaining a Succession Certificate or Probate from Fiji
Heirs based in Fiji seeking to access a deceased relative's Indian bank accounts, securities, or movable
assets typically need a Succession Certificate from the relevant Indian court (or Letters of
Administration/Probate where a will exists), and can pursue this through a Power of Attorney authorizing a
representative in India to file and pursue the application -- avoiding the need for the Fiji-based heir to
travel to India for most stages of the process.
Common mistakes NRIs in Fiji make with succession matters:
- Assuming Fiji's own succession rules or a Fiji will automatically govern assets located in India --
they do not; Indian assets follow Indian succession law.
- Not realizing that different Indian succession laws can apply to different assets depending on
personal law and the presence or absence of a valid will.
- Delaying the Succession Certificate/Probate application, which can hold up access to Indian bank
accounts and securities for an extended period.
