Yes, NRIs can make a will in India. With the help of a lawyer NRIs can draft a will that is legally sound in India.

For Non-Resident Indians (NRIs), estate planning often involves navigating legal issues across two countries. One crucial aspect is ensuring a clear and legal transfer of assets in India. Here’s what NRIs need to know about making a Will in India.

Why a Will Drafting and Registering in India be a Good Option for NRIs?

  1. Clarity and Control: A will clearly defines how the partition of partition among your loved ones is going to take place be it property, bank accounts, or valuables. This diminishes the confusion and chances of conflicts amongst beneficiaries.
  2. Faster Distribution: Partition cases without a will can drag on for years in court. A Will can streamline the process, ensuring a smoother and faster transfer of assets as per your wants.
  3. Tax Advantages: In various countries there is a tax on will but India hasn’t levied any such taxes on a will that’s why having a separate Will for Indian assets can potentially save your beneficiaries a significant amount of money.

Why a Legal Consultant Needed to Draft a Will for NRIs?

One can write a basic Will on their own as well, but a lawyer’s expertise provides crucial peace of mind. A lawyer ensures your Will drafted is legally sound, reflects your wishes accurately, and avoids potential pitfalls for your loved ones in the future.

Here are Some Key Points to Consider Before Writing a Will:

  1. Age and Mental Capacity: Testator must be at least 18 years old and of sound mind to create a valid Will.
  2. Signing and Witnessing: The Will needs to be signed by the testator and witnessed by two independent people other than the beneficiaries.
  3. Registration: A Will registered in India, strengthens its authenticity, thereby prevents legal challenges and disputes. It also streamlines the probate process, which saves your beneficiaries time and resources in an already difficult situation.

Non Resident Indians (NRI): A Special Case with Special Considerations

If you have assets in different countries, consider seeking advice on whether you need separate Wills for different countries or a single, comprehensive Will that addresses all your assets and is valid in all the countries.

Taking that First Step

Drafting a Will can be a daunting process, but it’s an important responsibility towards your loved ones. By planning the division of assets peacefully, you ensure your wishes are respected and your assets are distributed as you intend. So, take that first step, consult a lawyer, and prepare a Will that reflects your wishes.

Also Read: Types of Wills in India

Frequently Asked Questions

1. Can an NRI legally make a will in India?

Yes, NRIs can make a will in India by themselves and also by taking help from a lawyer. It is always advisable to consult a lawyer to draft a will to avoid legal intricacies and make your will legally sound.

2. What are the legal requirements for an NRI to make a will in India?

The requirement to make a will in India is that the testator must have attained an age of 18 years and of sound mind along with these two independent witnesses are required.

3. How can A&A NRI Legal Advisory assist NRIs in creating a will in India?

A&A NRI Legal Advisory can be a valuable resource for NRIs creating a Will in India. We understand the specific challenges NRIs face. Our team has experience with NRI estate planning and can guide you through the entire process, ensuring your Will complies with Indian law.