NRI Will drafting for your Indian assets
A valid India Will, drafted for your Indian property, bank accounts and investments, and coordinated with any Will you hold abroad, so your family is spared delay, extra cost and dispute.
If you live abroad but own assets in India, a properly drafted India Will covering those assets is the simplest way to make sure they pass to the people you choose, quickly and with minimal formality. It should be prepared to be valid under Indian law and coordinated with any Will you have abroad, so the two do not conflict. NexGen drafts and reviews NRI Wills online, and helps you execute, witness and store them correctly.
- Indian assets are best dealt with by a Will made to be valid under Indian law; a single foreign Will can be slower and harder to administer here.
- Without a Will, your Indian assets pass by the succession law that applies to your family, not by your wishes, often after long paperwork.
- An India Will and a foreign Will should be coordinated so neither accidentally revokes or contradicts the other.
- A Will is valid whether or not it is registered, if it is properly made and witnessed; registration is optional and can add evidence.
- The whole process can be handled online, which suits families spread across time zones.
Is it for you?
Do you need an India Will?
An India Will is usually worth having if any of the following is true. Most NRI families tick more than one box.
A flat, house, plot or inherited property that should pass cleanly to your family.
Bank accounts, deposits, shares, mutual funds or an NPS/PPF balance in India.
Family in more than one country, or a blended or second-marriage family.
A shareholding, partnership or promoter interest that needs orderly succession.
It may not cover Indian assets well, or may clash with Indian requirements.
To spare your family months of paperwork and the risk of family dispute.
The service
What your NRI Will covers
We prepare a Will focused on your Indian estate, drafted to be valid and practical to administer here.
| Element | What it does |
|---|---|
| Indian assets | Clear disposition of your Indian property, bank and investment accounts, business interests and other assets. |
| Executor | Appointment of an executor (and an alternate) who can practically act in India, with the powers they need. |
| Beneficiaries & shares | Who inherits, in what shares, with substitute beneficiaries in case someone predeceases you. |
| Guardianship | Your wishes for a guardian for any minor children, and how funds left to them are managed. |
| Coordination clause | Wording that limits the India Will to Indian assets so it does not clash with a foreign Will, and vice versa. |
| Execution & storage | Guidance on signing, witnessing, optional registration and safe custody so the Will is easy to prove later. |
A Will directs who inherits; it is not a device to avoid tax. Where tax, FEMA or repatriation questions arise, we flag them and coordinate with the right professionals. Specific tax and FEMA positions should be verified for your facts. [VERIFY]
Common question
India Will, foreign Will, or both?
Most NRI families are best served by two coordinated Wills: one for Indian assets and one for assets in their country of residence. The decision aid below shows why.
Succession to your immovable property in India is governed by Indian law whatever your domicile (Indian Succession Act, 1925, s.5(1)), but succession to your movable property generally follows the law of your domicile at death (s.5(2)). Domicile is your permanent home, not just where you live now, and you keep your domicile of origin until you settle permanently elsewhere. That is why an India Will for Indian assets and a foreign Will for overseas assets should be coordinated, so neither leaves your movable wealth to the wrong law. [VERIFY your domicile position.]
How it works
Our NRI Will drafting process
Getting ready
What we need from you
- A list of your Indian assets and how each is held.
- Current nominee details for Indian accounts and policies.
- Your intended beneficiaries and their shares.
- Preferred executor and an alternate who can act in India.
- Guardianship wishes if you have minor children.
- Copies of any existing Will, in India or abroad.
- Your country of residence and, if known, your domicile position.
- Any specific concerns, such as a dependant with special needs.
Ready to protect your Indian assets?
Start with a short online consultation. We will tell you whether you need an India Will, a foreign Will or both, and exactly what it involves. No obligation.
Start your NRI WillDo it right
Mistakes NRIs make with Wills
- Relying on a single foreign Will to cover Indian assets, which can be slow and hard to administer here.
- Making a new Will abroad that unintentionally revokes an earlier India Will, or the reverse.
- Assuming a nominee on an Indian account is the same as leaving the asset to that person.
- Leaving the Will where the Indian executor and family cannot find it.
- Signing without proper witnessing, which is the most common reason a Will is later questioned.
- Ignoring FEMA, repatriation and tax questions that arise when the assets are eventually distributed. [VERIFY for your facts.]
Answers
NRI Will drafting: frequently asked questions
Can an NRI make a Will for assets in India?
Yes. An NRI can make a Will governing their Indian assets, and it can be prepared to be valid under Indian law. Many NRI families keep a separate India Will for Indian assets, coordinated with a Will in their country of residence.
Do I need an India Will if I already have one abroad?
Often yes. A foreign Will can be slower and harder to administer for Indian assets, and may not sit well with Indian requirements. A dedicated India Will, coordinated so it does not conflict with the foreign Will, usually makes administration simpler.
Does an NRI Will have to be registered in India?
No. A Will is valid whether or not it is registered, provided it is properly made and witnessed. Registration is optional and can add a layer of evidence, but it is not what makes the Will valid.
Which law governs my assets, India's or my country's?
Broadly, immovable property such as land or a house generally follows the law of the place where it is situated, while movable property may follow the law of your domicile. Because the position depends on your facts, this should be confirmed with advice, which is one reason to coordinate an India Will with a foreign Will.
Can the whole process be done online from abroad?
Yes. Discovery, information gathering, drafting and review are handled online. We then guide you on signing and witnessing correctly wherever you are, and on optional registration and safe storage.
Who should be the executor of my India Will?
Ideally someone who can practically act in India, with an alternate in case they cannot. We help you choose and give the executor the powers they need to administer the Indian estate.
Will a Will help my family avoid probate or delay?
Probate is generally not compulsory in India, though some institutions may still ask for it or for another court document. A clear, well-executed Will with a capable executor is the single biggest factor in a smooth, faster administration.
What about tax and repatriating money abroad later?
A Will decides who inherits, not the tax. When assets are later sold or funds are repatriated, FEMA and tax rules apply, and we flag these and coordinate with the right professionals. The specific positions should be verified for your facts.
Next step
Start your NRI Will, or explore more
A short online consultation, then a clear India Will for your assets.
Book a consultationThe wider guide to holding, inheriting and selling Indian assets as an NRI.
Read the guideLearn why NRIs need a Will for assets in India, what makes a Will legally valid, and how a power of attorney helps you manage Indian matters from abroad.
Dr. Deepak Jain, CTEP, CWM
Founder and Managing Director, NexGen Estate Planning Solutions; Co-founder and Director, AAFM India. NexGen has helped 3,000+ families, including NRIs, structure and transfer wealth across generations.
- Indian Succession Act, 1925 — making, execution and witnessing of Wills, and administration.
- Registration Act, 1908 — optional registration of a Will.
- Private international law principles — immovable property generally follows the law of its situs; movable property may follow the law of domicile. [VERIFY for your facts.]
- FEMA and the Income-tax Act, 2025 — relevant when Indian assets are later sold, distributed or repatriated. [VERIFY current position with a qualified professional.]
Content reviewed by Dr. Deepak Jain, CTEP, CWM — 23 July 2026.