This blog post was written by: Rafia Babar, Associate Estate and Trust Consultant, Scotiatrust Calgary

 

Legacy planning is not the same for every family. It is especially unique for South Asian families as it often intertwines with cultural norms, religious beliefs and deeply rooted family dynamics that differ from western culture.

Understanding these cultural intricacies is essential for professionals that want to build trust and provide culturally competent services to South Asian families.

 

Why Cultural Context is Important

For professionals in the estate planning industry such as: estate and trust consultants, lawyers, financial planners and others, understanding cultural context is essential. Here are some reasons why:

• It helps to establish and build rapport and trust with the client;
• It challenges our unconscious bias and current perspective;
• It encourages professionals to use critical thinking skills; and
• It encourages more inclusive estate planning strategies.

Here are some key considerations to consider when working with South Asian families:

1. Death may be a taboo topic;
2. Religion impacts legacy/death planning;
3. Finances may not be “dinner table” topic; and
4. Assets may exist outside of Canada.

It is important to note, that these key considerations may not be applicable to all South Asian families. Beliefs, practices and preferences vary across South Asia, and professionals should approach each client without making assumptions.

Let’s expand on these key considerations.

1. Death May Be a Taboo Topic

In some families, death and estate planning is not a topic that is openly discussed. This can stem from several reasons including the following:

• Cultural norms around privacy: In many South Asian communities, death is perceived to be a “private affair” which is meant to be discussed in the confines of the direct family.
• Possible discomfort due to past experiences: It is possible that estate planning can be associated with particularly difficult memories, such as family disputes, loss, or trauma.
• Lack of awareness about estate planning: As many South Asians in Canada are first generation immigrants, they don’t often have the time or resources to learn about estate planning. They may not have had exposure to estate planning concepts in Canada either.

TIP: Given this, it’s always important to approach estate planning with empathy and sensitivity.

2. Religion Impacts Legacy Planning

Religion plays a significant role in how estate planning is viewed in South Asia. South Asia is home to various religions including (but not limited to) Islam, Sikhism, Hinduism and Buddhism. Each of these religions offers a different perspective on inheritance, funeral practices, burial customs and so forth. This means that there are various items to consider including: location of a burial plot, specific religious instructions, purification rituals and so forth.

Here are some common examples of funeral practices for multiple religions:

Islam: In Islam the common funeral practice includes a ritual washing (this is called “Ghusl”) typically performed by family members. This is followed by “shrouding” which refers to the body being wrapped in a white cloth. Then a funeral prayer is performed, and the body is buried on its right side facing the direction of Mecca. Caskets are not typically used in Islam.

Sikhism: In Sikhism the common funeral practice is cremation. Typically, in Sikhism, the ashes are scattered over bodies of water such as a river or sea. During the funeral service, prayers (typically referred to as “Ardas”) and hymns are recited.  Prior to cremation the body is washed and dressed in five articles of Sikh faith and the body is surrounded by flowers.

Hinduism: In Hinduism the common funeral practice is also cremation, it is common for the body to be burned on a pyre of wood during cremation. Similar to Sikhism, the ashes are typically scattered over bodies of waters. Usually, the bodies of water in this case would hold significance to the families. Other practices include washing the body, dressing the body and chanting mantras (often done by a priest or the eldest son of the family).

Buddhism: The common funeral practice for Buddhists is cremation as well. It is common for the ashes to be enshrined in a stupa (sacred burial site) or to be scattered at a meaningful location. The funeral service will typically be performed at home or at monastery. During the service it is common for Buddhist monks to lead the ceremony. In the ceremony they will read sermons, lead chants or lead funeral prayers (sutras).

Aside from funeral practices and rights, religion also affects how assets are owned, managed, or passed on. Understanding how assets are passed in different religions will impact the client’s view of estate planning.  A quick example of this is that in Islam, assets may be distributed in fixed shares with a specific portion going to certain family members.

TIP: It may be worthwhile to a client to ask if they have any specific cultural funeral practices that they wish to include in their Will or how they would like their assets to pass.

3. Finances May Not Be “Dinner Table” Topic

Finances are often kept private in some South Asian families as a result, clients can tend to:

• Be hesitant to disclose financial information or details;
• Have family members (including their spouse, children, parents and other relatives) that are unaware of their assets; and
• Hesitancy or distrust towards institutions due to historical or systemic marginalization.

If you are a professional in the estate planning world, it may be the case that you are the first person that the client has disclosed their financial information to.

4. Assets May Exist Outside of Canada

Many South Asian families have assets or ties to their country of origin. These assets may include:

• Real estate or farmland
• Bank accounts
• Family businesses
• Gold or other jewelry

Cultural Significance of Gold: Gold holds a deep significance within many South Asian families. It is often gifted during weddings, festivals and other major life events. It is also viewed as a long-term investment/legacy to be passed down through generations. Commonly, the gold is passed down to the woman of the family to provide them with financial stability. For this reason, it is important for estate planners to receive clear and specific instructions on how assets such as gold should be distributed. Without clear instructions, the gold would unintentionally fall into the residue of the estate and would be distributed contrary to cultural expectations.

These assets should not be overlooked and as they can significantly impact the estate planning process. It’s important to ask clients if they have any assets in their country of origin to ensure their estate plan adequately addresses those assets.

Final Thoughts

Legacy planning looks different for everyone and by understanding the cultural intricacies related to estate planning within South Asian families can help serve clients with greater insight. Having a more inclusive estate planning strategy will ultimately help the clients create legacies that align with their values and traditions.