India for NRI specializes in crafting estate planning solutions for Non-Resident Indians (NRIs), with deep understanding of both Indian and international legal frameworks, ensuring comprehensive and compliant trust establishment.

Cross border experts

Customised solutions

Dedicated RM

Tax Optimization

Speak with NRI Representative Manager


10 +

years of experied Estate Lawyers

1500 +

Trusts Registered

$ 900 mn +

Assets secured

7000 +


Illustrative scenario for making a Private Trust for NRI

How to Get your Trust with India for NRI

  • 1

    Fill the questionaire for Trust

    Fill the questionaire for trust formation

  • 2

    Consultation with lawyer

    Consult with our expert lawyers and professionals for clear understanding

  • 3

    Decide Trustees / Rules of the Trust

    Post a detailed discussion with our lawyers, we can begin the process of deciding the trustees and rules

  • 4

    Register Trust Deed

    Once we have all the required details about trustees, beneficiaries, rules, etc, we will draft your Trust Deed and initiate the registration process.

  • 4

    Transfer Assets to the Trust

    The final step would be to transfer your assets (partial / whole) to the Private Trust and register it along wtih the stamp duty.

Key Considerations for NRI for valuation report

Cost of transfers

& compliances involved


or irrevocable trust can be formed

Private document,

maintains privacy


from lender’s claim

Settlor, Trustee

and beneficiaries are parties involved in trust.

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


not required


from forced heirship

Well drafted

trust deed often cannot be challenged in court


to be appointed for asset distribution

Flexibility to settlor

to control the assets till their life

FEMA/RBI rules

apply in case of Non resident trust

SEBI Approval

required for share transfers of listed company

Will Trust
Legal document

Written document detailing how assets are distributed after death.

Legal arrangement where settlor transfers assets to trust for the benefit of beneficiaries.

Takes effect

On death of testator

Either during lifetime (living trust) or upon death (testamentary trust)



Exectutor appointed to carry out testators wishes

Trustee appointed to manage the trust assets and carry out the instructions

Low cost

Changes possible

yes, if revocable

Probate avoidance

Manages estate if you become incapacitated

Creditor protection

Estate tax planning

Requires Witnesses?

No (Witnesses may not be required, but advisable for certain types of trusts)

Can Distribute Assets Immediately?


Can be desginated

Can include provision for Minor care

Legal challenges

More susceptible

Less suspectible

Court intervention ?

Benefits of Trust

A Trust maintains confidentiality about the assets and their value.

Cross-Border Asset Management: Trusts are well-suited for managing cross-border assets, including properties, investments, and businesses

"Centralized Asset Control: By consolidating your assets within a trust, you establish a centralized structure for managing and controlling them."

Allows for distribution over time, in case you do not trust the beneficiary to handle all assets at once.

"Safeguarding intellectual property assets in India Intellectual property (IP) assets, such as patents, trademarks, copyrights, and trade secrets, are valuable assets that require protection."

"Flexibility in Distribution: Trusts offer greater flexibility in determining how and when your assets should be distributed also maintaining privacy to ensure only the specific beneficiaries get to know the assets."

Tax Efficiency: Trusts can be structured to minimize tax liabilities, including estate taxes, gift taxes, and generation-skipping transfer taxes.

"Mitigating Family Disputes: With clear guidelines on how assets are to be distributed trust minimize family disputes by ensuring that your wishes are legally binding."

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

Living Trust Irrevocable Trust Testamentary Trust Special Purpose Trust

During grantor's lifetime

During grantor's lifetime

Created through the grantor's will and effective upon death

Created for specific purposes defined by the grantor

Effective Timing

Assets are transferred into the trust during the grantor's lifetime

Assets are transferred into the trust during the grantor's lifetime

Created upon the grantor's death as specified in their will

Created for specific purposes defined by the grantor


Estate planning, probate avoidance, asset management

Asset protection, tax planning, wealth transfer

Estate planning, asset distribution

Tailored to achieve specific goals set by the grantor

Asset Protection

Limited protection from creditors during the grantor's lifetime

Offers asset protection from creditors once assets are transferred into the trust

Limited protection, as assets are subject to probate

May offer asset protection depending on the purpose

Tax Implications

Generally does not impact tax treatment during grantor's lifetime

May offer tax advantages such as estate tax reduction

May impact estate taxes and income taxes

May provide tax benefits depending on the purpose


A revocable living trust established to manage assets during the grantor's lifetime

An irrevocable trust set up to transfer wealth to future generations

A testamentary trust created in a will to distribute assets to beneficiaries

A trust created to fund education expenses for grandchildren

Established during the grantor's lifetime

Can be modified or revoked by the grantor

Depends on the terms

Requires court approval for changes

Depends on the terms

Effective after grantor's death

Bypasses probate

Depends on the terms

Offers asset protection



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

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