India for NRI

Illustrative Concerns again Indian Public authorities reportable to Indian Government

Large and complicated estate

Periodical payments to family members

Maintainance of dependents

Disgruntled Family Member

Seperating spouse or marital disputes

Providing for Second family

high-net-worth individual wants to protect their assets from creditors, lawsuits, or potential claims

Minor children are financially secure in the event of their death

_child with special needs for long-term care and financial support

Shield assets for wealthy individuals from creditors or legal claims

Protect privacy, avoid probate, safeguard assets

NRI owns assets in multiple countries and wants to avoid inheritance tax

Manage global investments prudently, aligned with objectives

Secure children's education and future finances for NRI

Protect NRI's Indian property from disputes and transfers

Minimize tax liabilities, maximize benefits for NRI beneficiaries

NRI has assets located in multiple countries, establish an international trust

_NRI wants to leave his wealth to grandchildren rather than children

_An elderly wants to plan for long-term care and medical expenses

Protect patents, trademarks, copyrights globally

NRI uses trusts to navigate fixed inheritance laws

How to Get your Probate of will with India for NRI

1
Advisory and appointment of lawyer

India for NRI shall assist you end-to-end in advisory, process and correspondence
2
Submission of affidavits by legal heirs

All legal heirs and witnesses are required to submit affidavits along with the list of all properties with their valuations.
3
Court fees to be paid depending on wealth size

These fees are also different across various courts as per State laws.
4
Court Visits and objections, if any

The entire process takes about 6-12 months depending upon location, complexity in assets and co-operation of all family members.

Key Considerations for NRI for valuation report

At least 1 Property

located in Mumbai, chennai or kolkata

Hindu, Buddhist, Sikh,

Parsi or Jain making will in Mumbai chennai or kolkata

Can be

granted only to executor of will

Ancillary probate

required in case of foreign will

Witness of will

need to send affidavit during probate

Registration

of will & Probate are not same

Income Tax not

applicable on transfer of assets to trust

Tax efficient

structure for inheritance planning

Stamp duty

applicable on transfer of assets to trust

Court fees

needs to be paid

Newspaper

advertisement is required

Should be filed

within 3 years from death of testator

issued by civil

court, where property is situated

Valid will

is crucial for probate process

Executor should

be of sound mind & above 18 years

Advantages of probate of will

Validating the Will: When probate of a Will is granted it means that the Will is not ambiguous, court finds it to be authentic and legally valid.

Adding legal character to the Will: Probate acts as a official proof of a Will, once a Will is certified under the seal of the court of competent jurisdiction.

Transfer of assets: After a Will is probated, executer gets the legal right for administering assets of deceased and distribution of assets

Avoiding bogus claims: Getting a probate ensures that each and every asset of testator is utilized or distributed in the way testator wanted.

Recognition of Foreign Wills: In cases where the testator has assets in multiple jurisdictions, probate facilitates the recognition and enforcement of foreign wills

Legal Protection for Executors: Executors who obtain probate are provided with legal protection against claims and liabilities

	Letter of Administration	Probate of Will
Required when deceased died intestate or named executor unable to fulfill duties?
Validates authenticity and validity of the will?
Appoints an executor/administrator?
Allows for distribution of assets according to state laws?		No (assets distributed as per deceased's wishes outlined in the will)
Applies when deceased had no valid will and assets need distribution?		No (requires a valid will)

	Legal Heir Certificate	Succession Certificate	Probate	Letter of Administration
Definition	Establishes relationship with deceased	Grants authority to successors	Validates and executes will	Appoints administrators
Purpose	Applicable for more than only financial matters	Relevant to financial matters only	Execute will, transfer property	Distribute assets
Usage	To access pensions, transfer assets	Transfer properties, claim debts	Execute will, transfer property	Distribute assets
Applying Authority	Local government authority	Court having jurisdiction	Court having jurisdiction	Court having jurisdiction
Documentation Required	Relationship proof, death certificate	Death certificate, other documents	Will, death certificate	Death certificate, application
Validity	Indefinite	Limited (typically 6 months - 1 year)	Indefinite	Limited (until administration)
Scope of Authority	Establish relationship with deceased	Transfer or claim assets	Execute will, distribute assets	Distribute assets
Process	Apply to relevant authority	Apply to court	Apply to court	Apply to court
Examples of Usage	Pension claims, property transfer	Debt claims, property transfer	Will execution, property transfer	Asset distribution
Effective after grantor's death
Bypasses probate				Depends on the terms
Offers asset protection	Limited		Limited
Management of assets	Grantor retains control	Trustee manages	Trustee manages	Depends on the terms
Can designate beneficiaries
Offers privacy				Depends on the terms
Can hold specific assets

Base Price	$200
Total	£0
Total	$200

Probate of Will

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2000 +

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$3500

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Illustrative Concerns again Indian Public authorities reportable to Indian Government

Large and complicated estate

Periodical payments to family members

Maintainance of dependents

Disgruntled Family Member

Seperating spouse or marital disputes

Providing for Second family

high-net-worth individual wants to protect their assets from creditors, lawsuits, or potential claims

Minor children are financially secure in the event of their death

_child with special needs for long-term care and financial support

Shield assets for wealthy individuals from creditors or legal claims

Protect privacy, avoid probate, safeguard assets

NRI owns assets in multiple countries and wants to avoid inheritance tax

Manage global investments prudently, aligned with objectives

Secure children's education and future finances for NRI

Protect NRI's Indian property from disputes and transfers

Minimize tax liabilities, maximize benefits for NRI beneficiaries

NRI has assets located in multiple countries, establish an international trust

_NRI wants to leave his wealth to grandchildren rather than children

_An elderly wants to plan for long-term care and medical expenses

Protect patents, trademarks, copyrights globally

NRI uses trusts to navigate fixed inheritance laws

How to Get your Probate of will with India for NRI

Key Considerations for NRI for valuation report

Advantages of probate of will

Validating the Will: When probate of a Will is granted it means that the Will is not ambiguous, court finds it to be authentic and legally valid.

Adding legal character to the Will: Probate acts as a official proof of a Will, once a Will is certified under the seal of the court of competent jurisdiction.

Transfer of assets: After a Will is probated, executer gets the legal right for administering assets of deceased and distribution of assets

Avoiding bogus claims: Getting a probate ensures that each and every asset of testator is utilized or distributed in the way testator wanted.

Recognition of Foreign Wills: In cases where the testator has assets in multiple jurisdictions, probate facilitates the recognition and enforcement of foreign wills

Legal Protection for Executors: Executors who obtain probate are provided with legal protection against claims and liabilities

Tax Matters: They are useful for filing income tax returns, property tax payments, or other tax matters related to the deceased's estate.

Educational and Employment Purposes: Legal heir certificates may be needed for educational admissions, employment applications, or other official purposes requiring proof of relationship with the deceased.

Setting up a trust in India can provide NRIs with a structured framework for holding shares, properties, and other assets for their business activities

Earn up to 8.6% interest on FD

Essential Documents For A Probate Application

1. Original Will and Codicils (if any): The cornerstone of the Probate application is the original Will, which outlines the wishes of the deceased regarding the distribution of assets.

2. Death Certificate of the Testator: Providing the official death certificate of the Testator is a crucial step.

3. List of Legal Heirs/ Beneficiaries and Assets: Compiling a comprehensive list of assets, legal heirs and Beneficiaries is a must.

2 Passport Size Photograph of the person(s) filing the petition

Documents of Movable Assets in respect of which Certificate is sought

Government Benefits and Schemes: Legal heir certificates enable legal heirs to avail government benefits or schemes meant for the deceased, such as agricultural subsidies, housing schemes, or other welfare programs.

Tax Matters: They are useful for filing income tax returns, property tax payments, or other tax matters related to the deceased's estate.

Educational and Employment Purposes: Legal heir certificates may be needed for educational admissions, employment applications, or other official purposes requiring proof of relationship with the deceased.

Setting up a trust in India can provide NRIs with a structured framework for holding shares, properties, and other assets for their business activities

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