Diwali: Reflecting on Light, Legacy and Love

Traditionally, Diwali marks the triumph of light over darkness, knowledge over ignorance and clarity over uncertainty. It is a time when Hindus around the world take stock of their lives and their blessings - preparing their homes to welcome prosperity and success.

This is the season of new beginnings and reflection, making it a meaningful time for Hindus to consider their families’ future. During this period of reflection in particular, people may consider making or updating their Wills and planning for circumstances beyond their control with regards to their health, welfare and financial wellbeing. Such holistic planning brings an element of order and clarity to one’s personal and financial affairs.

Although people are in a celebratory mood, Diwali is also a time for remembering ancestors and reinforcing family ties through family gatherings.

It is with this in mind that nurturing family values, as well as family planning and protection is at the heart of every Hindu. During this time, generations of families come together to celebrate and reinforce family values, responsibilities and future planning. And although talking about Wills may not seem very festive, it can serve as a sign of love and care for those who are dearest to you.

For me, Will writing has never been just a legal process. It is deeply connected to my cultural values, family responsibilities and the honouring of both our past and future. Growing up in a community where family ties are strong, I have always been aware of the importance placed on caring for the next generation. And these festivals, traditions, and rituals remind us of our duty to provide for loved ones and to respect the wishes of our families at present and those who have passed on.

As a culture, expressing affection can sometimes be difficult and it is often through certain practical acts that our love is shown. Over the years, I've noticed people often avoid discussing death or money because these topics are challenging. But such avoidance can lead to uncertainty or conflict. Over time these experiences have shaped my belief that a Will is not merely a legal document—it is an act of love, duty, care, and responsibility towards one’s family.

As a solicitor working with families over many years, I have seen both sides of the story. When a clear, well-considered Will is in place, families find comfort and clarity during difficult times. Where there is no Will, or an outdated one, however, loved ones are left with uncertainty, legal complexity, and sometimes disputes that strain relationships.

At times I have found that Hindu clients are confronted with a dilemma - having to follow religious norms or rules of legal succession. Religious norms dictate that the eldest son should receive a greater share than other children or that sons in general should receive a greater portion of inheritance than female siblings. As such, clients often find themselves caught between cultural expectations and the desire for equal treatment amongst all children.

Another common dilemma I encounter is the moral obligation some people have to provide for families beyond their immediate spouse and children. Where there are extended families (parents, siblings living together with in-laws) responsibility often falls on the eldest child to provide for their siblings and parents alongside ensuring security for their more immediate family.

A further question I often get relates to concerns around death and death rites. Many Hindus wish to specify Hindu funeral rites in their Wills, and this is something that can be provided for.

Without a Will in place to ensure that your wishes are met, the law of succession is very strict and failing to make a Will means that your assets will pass under the laws of intestacy. The laws of intestacy are inflexible and may result in individuals whom you did not intend to inherit doing so over your chosen beneficiaries.

In my time, I have been in the rather unfortunate position of experiencing the variety of challenges that arise when Wills are not made. Or, where Wills are made but not reviewed to reflect the latest financial and personal situation of the deceased.

I recall one instance in particular when I was approached by an elderly client who wanted me to assist with her late brother’s estate. Her brother, whom she had lived with, died at the age of 85- survived by a son whom he had not seen for nearly 35 years. It was common knowledge (as he mentioned this to his friends and medical attendants) that the property would go to his sister as ‘next of kin’. As a result, he felt that he did not need to make a Will. On his death, however, due to the law of succession, we had to locate his estranged son and after much ado, his son – who was living abroad - came into a hefty inheritance, leaving his aunt with nothing.

My cultural background has taught me that family and legacy are at the heart of who we are, while my professional training has given me the tools to make that understanding practical and legally effective. Together, these influences remind me that Will writing is not simply about law—it is about people, values, and peace of mind. Making a Will ensures that your legacy is preserved, your loved ones are cared for, and your wishes are respected.

As a solicitor of Hindu faith, I understand the value system, family dynamics and cultural dilemmas that influence a person making a Will. I personally understand delicate considerations around the importance of fairness amongst children and extended family, as well as the desire to uphold duty (known as dharma). The importance of avoiding conflict after one’s passing must be balanced against considerations of ancestral rites to ensure a Will that fosters family harmony as far as possible.

Making a Will is personal and as such you need a person who understands the cultural nuances, appreciates sensitivity around discussions of death and can relate to the person making their Will. And what better time than Diwali to begin the process of securing your family values and protections for generations to come.

Diwali reminds us that light endures, even in moments of darkness — and in that spirit, taking time to plan for the future, through love, reflection and legacy, allows us not only to bring light to our own families, but to help build a fairer, kinder world for all.

Bavani Naidu (Solicitor)
Partner
Whitefield Law Ltd