Want your Indian and overseas assets to go where you intend, without years of court disputes for your family? Here’s what NRIs should know about drafting a will covering assets in more than one country.
Quick Summary
- NRIs with assets in both India and abroad often need two coordinated wills — one for Indian assets, one for foreign assets — to avoid conflicting jurisdiction issues.
- A will covering Indian immovable property should be registered in India for stronger enforceability, though registration isn’t strictly mandatory everywhere.
- Without a will, Indian assets pass under succession law applicable to the deceased’s religion/personal law, which may not match the person’s actual intent.
Step-by-Step Process
- List all assets separately by country and type (property, bank accounts, securities).
- Decide whether a single will or dual/coordinated wills suit your situation — generally dual wills for cross-border estates.
- Draft the will(s) with clear executor appointments and specific bequests.
- Register the India-specific will with the local Sub-Registrar (recommended for immovable property).
- Review and update the will after major life events (marriage, new property, change in family structure).
Common Mistakes
- Using a single will drafted abroad to try to cover Indian immovable property — this often creates probate complications.
- Not naming an executor who can realistically act in India.
- Leaving the will unregistered when it covers significant immovable property.
FAQs
Do I need a separate will for my Indian assets?
Often yes — a dual-will structure, carefully coordinated to avoid contradicting each other, is common for NRIs with cross-border estates.
What happens if I die without a will?
Indian assets pass according to the succession law applicable to your religion/personal law, which may differ from your actual wishes.
Related Services
Succession Certificate | Legal Heir Certificate | Power of Attorney
Get Help
NRI Axis helps draft and register wills covering Indian assets, coordinated with your overseas estate planning. Start planning your will.