← All guides

NRI Guide

Does an NRI Need a Separate Will for Assets in India?

Updated August 2, 2026

If you are a Non-Resident Indian (NRI) or OCI holder with assets in India, the short answer is: yes, you should strongly consider a separate Will for your Indian assets — or at least a Will that clearly covers India.

Why a foreign Will may not be enough

Many NRIs already have a Will in the US, UK, Canada, or elsewhere. That is good — but it may not work smoothly for Indian immovable property (flats, land, houses).

Common issues:

  • Indian courts and registries expect documents that follow Indian format and execution rules.
  • Language and references to foreign law can slow down probate or mutation of property.
  • Executors abroad may find it hard to manage Indian banks and land records without a local framework.
  • Timing and cost — resolving Indian assets through a foreign Will alone often takes longer.

Indian law generally allows a Will made abroad to cover Indian assets if it is valid under the rules applicable to the testator — but in practice, families face delays, translation, and legal verification.

What an India-focused Will should cover

A Will for Indian assets should clearly list:

  • Immovable property — addresses, title details, who inherits each asset
  • Bank accounts and FDs in India
  • Demat / mutual fund holdings
  • Business interests or partnership shares in India
  • Jewellery or valuables kept in India
  • Appointment of an executor who can act in India (or with a lawyer there)

One Will or two?

You can structure this in two ways:

  1. Single global Will — drafted carefully to include Indian assets and comply with relevant laws (often needs specialist lawyer review in both countries).
  2. Separate Indian Will — limited to assets in India, plus your home-country Will for foreign assets.

Many NRIs choose option 2 because it is simpler for Indian banks, registries, and family members on the ground.

Important: Both Wills must be consistent and should not accidentally revoke each other. A lawyer should review if you have Wills in multiple countries.

When is a separate India Will especially important?

  • You own a flat or land in India
  • You have significant financial assets only in Indian institutions
  • Your family lives in India and will handle succession locally
  • You want to avoid your children flying in for months of paperwork

What EZWILL-style online Wills can help with

An online Indian Will platform helps you:

  • Structure clauses for Indian property
  • Name beneficiaries and executors clearly
  • Download a document you can sign and store safely
  • Optionally add lawyer review or registration assistance for stronger protection

Action checklist for NRIs

  • List all assets located in India
  • Decide: one global Will or India-specific Will
  • Name an executor who can coordinate in India
  • Sign the Will with two witnesses (per Indian law)
  • Consider registration for immovable property
  • Share location of the Will with executor and family

Disclaimer: This guide is general information for Indian families and NRIs. It is not legal advice for your specific situation.

Create your Indian Will online

Structured for Indian property, NRI situations, and clear family distribution.

Start Your Will

More guides