14 Aug 2025

Drafting Wills for NRIs: Navigating Indian Succession and Inheritance Rules

Family Law
Will for NRIs

Drafting Wills for NRIs: Navigating Indian Succession and Inheritance Rules Amidst Increasing Global Mobility

Introduction

With the rise of global mobility, more Indians are living, working, and investing across multiple countries. This has made estate planning more complex—especially for Non-Resident Indians (NRIs) who hold assets in India. One crucial legal instrument that ensures clarity and smooth succession of assets is a well-drafted Will.

This article outlines key legal considerations, practical challenges, and important steps for NRIs when preparing a Will that complies with Indian inheritance laws and takes into account international implications.

Why Should NRIs Draft a Will?

  • Asset Clarity: NRIs often own property or financial instruments in both India and abroad. A Will eliminates ambiguity about how those assets should be divided.
  • Avoiding Legal Disputes: In the absence of a valid Will, succession may follow personal laws (Hindu Succession Act, Muslim Law, Christian Law, etc.), leading to disputes and prolonged litigation among heirs.
  • Global Tax Planning: A Will allows for structured inheritance planning in line with tax laws of both India and the NRI’s country of residence.
  • Ease of Probate: Having a Will speeds up the process of probate and transmission of title, especially for immovable property in India.

Legal Framework in India

Wills in India are governed by the Indian Succession Act, 1925, with variations based on religion:

  • Hindus, Sikhs, Jains, Buddhists: Governed by the Hindu Succession Act
  • Christians and Parsis: Provisions under the Indian Succession Act
  • Muslims: Governed by Muslim Personal Law (Sharia), which has its own restrictions

A valid Will must be:

  • Made by a person of sound mind and legal age
  • Signed by the testator
  • Attested by two witnesses

Key Considerations for NRIs

  • Jurisdiction: Consider where the Will will be probated. Assets located in India require probate in Indian courts, even if a Will is made overseas.
  • Separate Wills: NRIs may need multiple Wills—one for India and another for foreign assets—ensuring they do not conflict with each other.
  • Repatriation of Assets: RBI regulations govern how inherited funds or property can be repatriated outside India. Wills can help plan this in advance.
  • Power of Attorney: If the NRI is unable to travel, appointing a trusted representative through a registered PoA helps in asset administration post demise.

Common Mistakes to Avoid

  • Not updating the Will after acquiring new assets
  • Overlooking nomination vs. legal heir conflicts
  • Not registering the Will in India (not mandatory, but recommended)
  • Using ambiguous or conflicting clauses across jurisdictions

Video: What NRIs Must Know About Wills in India

Watch this informative video by Adv. Shailesh Joshi explaining legal nuances and best practices for NRI Will drafting:

Final Thoughts

In an era where families are spread across the globe and assets span continents, Wills are no longer a formality—they are a necessity. A thoughtfully drafted Will provides peace of mind and protects your loved ones from uncertainty and conflict.

Need Help Drafting a Will?

Adv. Shailesh Joshi is a family and property law expert with over 20 years of experience. He has advised several NRIs on succession planning, probate processes, and property inheritance in India.

Contact Adv. Joshi today to ensure your Will is valid, effective, and future-ready.

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