Will

A Will is a legal document that outlines the distribution of assets and property upon the death of an individual. Creating a Will is of utmost importance as it ensures that an individual’s assets are distributed according to their wishes.

NRI experts

Customised solutions

Transparent price

Cross border expretise

Speak with NRI Representative Manager

10 +

years of experienced Estate Lawyers

5000+

wills Delivered

$ 120 mn +

Assets secured through will

100%

Legally valid

Design Your Package


Drafting $50
Customized Will $50
Review $50
Registeration $50
Executorship $50

Total £0

Illustrative Scenario for making a Will

How to Get your Will with India for NRI

  • 1

    Provide Details

  • 2

    Specify Asset Distribution Preferences

    Decide how you want to distribute your assets & ratio.

  • 3

    Finalize and Receive Your Will

    After providing instructions, review your Will. Finalized versions are emailed in Word format

  • 4

    Discussion with Lawyer

    If you wish to make customisations, speak to the lawyer

Key Considerations for NRI Will

Estate taxes

apply in some countries

No Inheritance

tax apply in India

No stamp

duty on will

Tax on

sale of inherited assets apply

$ 1mn can

be remmitted yearly from India

Foreign assets details

need to be mentioned in ITR

18 years minimum

age to make a will

Without undue

influence will should be made

Executor

A trusted person must be appointed

2 Witness

required

Power of attorney

is not allowed for will registration

Registration of

will is not mandatory

Apostille of Probate

of Foreign will is admissible in India

Witness need

to be physically present

Anciliary probate

required in India of foreign will

Will must

comply with indian and foreign laws

Separate wills

for each country may be recommended

Change is

possible during lifetime

Probate mandatory

for will written abroad

Will supersedes

Nomination for financial assets

Public document

after death

Domicile laws apply

case of international estate

Intestate death

jurisdiction court where property lies, decides legal heirs

Notarization of will

is mandatory

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)

Privacy

Execution

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

Creditor protection

Estate tax planning

Requires Witnesses?

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

Can Distribute Assets Immediately?

Guardianship

Can be desginated

Can include provision for Minor care

Legal challenges

More susceptible

Less suspectible

Court intervention ?

Benefits of Will

Clarity on who gets assets – what and how much.

Low cost - Will is generally low cost & low maintainance

Public record It becomes public record henceremoving any future ambiguities.

Challenge in court It cannot be challenged in court if necessary elements are fulfilled

Changes can be made anytime during the lifetime

NRIs with minor children may need to designate guardianship in their wills, especially if the children reside in a different country.

NRIs may be subject to taxation in multiple jurisdictions. A well-crafted will can include provisions for minimizing estate taxes and other tax liabilities

A clear and legally binding will can help prevent disputes among family members over the distribution of assets

Without a will, the distribution of assets may be governed by the laws of the country where the assets are located or by the laws of the NRI's home country.

Gift Deed Will Relinquishment Deed
Guardianship for Minors

Charitable Bequests

Co-Ownership Arrangements

Division of Inherited Property

Removal of Legal Rights

Property Settlements

Executed During Lifetime

Takes Effect After Death

Involves Monetary Exchange

Transfer while alive

Yes (During the donor's lifetime)

Immediate Execution?

Registration mandatory?

Consideration

Yes or No

Tax planning

Revocation

Probate

yes, Required for some cases

Purpose

Transfer ownership

Inheritance

Give up right to property

Estate Planning

Appointment of Executors

Check out our other products

Trust

Apply Now

Probate

Apply Now

Gift deed

Apply Now

Relinquishment deed

Apply Now

Power of attorney

Apply Now

Indian Tax

Apply Now