Things To Remember Before Making Will for NRI

Sanjay’s family spent two years and a small fortune in legal fees fighting over his father’s flat in Pune and his rental property in London. His father had made a will for the London property but never got around to one for India – and by the time he passed, both jurisdictions were tangled in each other’s default succession rules. (name changed)

That’s not a rare story. It’s what happens when NRIs assume one will, or no will, covers assets in two countries.

With growing incomes, NRIs accumulate assets across multiple countries, not just India. That spread creates real challenges around management and inheritance. Estate planning handles the management side – but inheritance needs its own plan, made well in advance.

Inheritance rules are complex and differ by country, largely shaped by local customs and traditions. NRIs need to actively ensure their wealth passes to the heirs they actually intend, not whoever the default rules happen to favor.

The clearest way to do this is a will detailing all assets worldwide, with clear instructions on how you want them divided. A will isn’t mandatory, but without one, each country’s own rules decide how your movable and immovable property gets transferred – and that’s not something to leave to chance.

Read More – Mr. NRI – How Much Retirement Corpus Is Enough

As part of succession planning, you’ll typically need separate wills for properties in India and abroad. Questions worth working through before you start:

• Should you rely on natural succession, or make an explicit will?
• Do you need a separate will for overseas property?
• How do you make a will that actually holds up if challenged?
• Who should be executor – and do you need separate executors per country?

Succession vs. Will

In India, succession is governed by the personal law of the religion you belong to – Hindus, Jains, Buddhists, and Sikhs fall under the Hindu Succession Act; Muslims, Christians, and Parsis have their own respective personal laws.

For property located overseas, Indian law doesn’t apply at all – even if you’re an Indian citizen – and local laws take over entirely.

Without a proper will, disputed claims on an estate are common, and families can end up genuinely torn apart. We strongly recommend making one or more wills as needed, signed by two witnesses. Having a doctor as one of the witnesses is a smart move – they can testify to your sound mental state at the time of signing.

Succession rules in each country depend on:

• Your country of residence – whether mandatory heirship or community property laws apply there
• Your country of demise
• The country and location of immovable property
• The country, location, and form of movable property

Should You Make Separate Country-Specific Wills?

Not strictly necessary, but strongly recommended. Making and registering separate wills for each country where you hold movable or immovable property is usually the cleanest approach.

Remember that some countries mandate a fixed share of property go to legal heirs, or treat assets as community property jointly owned by spouses, under local law. Follow local rules when preparing these wills, register them with local authorities, and submit a copy of the registered will to the local Indian Embassy.

You could also draft a single will listing all your worldwide property and register it separately in each relevant country – but this becomes cumbersome if you ever need to update it later.

Another approach: prepare and register a master will in India listing all properties, then create separate country-specific wills for faster execution wherever needed.

If a country requires a separate registered will covering property held there, follow that requirement – not knowing local succession law isn’t a defense courts will accept.

If your country of residence imposes inheritance tax, a separate will for property there can also help your heirs avoid unnecessary tax complications later.

Must Check – Planning For Retirement In India

How to Make a Proper Will as an NRI

A handwritten or typed document with your signature and a recent date is technically enough to constitute a will. But to make it hold up in court if disputed, follow this process, in India or abroad:

• Have the will typed or written clearly
• Sign it in front of two witnesses – they don’t need to know its contents, only that you signed it in their presence
• Have the witnesses sign too, with their contact details and addresses recorded
• Appoint an executor who will ensure your wishes are carried out
• Get the will attested at a Notary Public office
• Register the will at the local equivalent of the registrar’s office
• If you’re outside India when making the will, register it at your local Indian Consulate

Nomination is not the same as a will or inheritance. A nominee is a legal representative who temporarily handles your assets after you’re gone – they may or may not be your actual legal heir, and may not receive the share you’d actually want them to.

Who Is an Executor?

An executor is any person or institution you appoint to carry out your wishes as laid out in the will. In most cases, the role is straightforward and ends once property has transitioned to the legal heirs. In some situations – like a minor legal heir – the executor may need to oversee the estate as trustee until that heir comes of age.

Choosing an executor carefully matters. Also build provisions into the will itself for the executor’s fees and expenses. Executors can live anywhere, but a trustworthy local appointee is usually the more practical choice.

Frequently Asked Questions

Do NRIs legally need a will if they have assets in multiple countries?
It’s not legally mandatory anywhere, but without one, default succession laws in each country decide distribution – and those defaults vary widely and rarely match what you’d actually choose.

Can one will cover all my assets in different countries?
It can be drafted that way, but it’s often impractical – some countries require local registration, and updating a single global will later can be cumbersome. Separate country-specific wills, or a master will plus local ones, is usually cleaner.

Is naming a nominee on my bank account the same as having a will?
No. A nominee is a temporary custodian of the asset, legally required to pass it on according to your will or succession law – not an automatic inheritor of your choosing.

Hopefully this gives you a clearer picture of what to consider before making a will as an NRI. Share any questions in the comments, and if you’ve registered a will outside India, your practical experience would help other readers too.

Sanjay’s father meant well. Meaning well isn’t the same as having a will that holds up in two countries.