Introduction

Non-Resident Indians can draft a legally valid will for their Indian assets without being physically present in India. The governing law is the Indian Succession Act, 1925. This statute lays down the formal requirements for creating a valid testamentary document. Compliance with these requirements ensures that the will withstands legal scrutiny and reduces the risk of family disputes. A properly drafted will provides clarity. It ensures smooth transfer of property, bank balances, and investments. It also prevents unnecessary litigation after the testator’s death.

What Are the Legal Requirements for a Valid Will in India?

The testator must be at least eighteen years old and of sound mind. The document must reflect free consent. Any coercion, fraud, or undue influence can invalidate the will. The will must be in writing. It can be handwritten or typed. The testator must sign the document. If the testator cannot sign personally, another person may sign under clear direction and in their presence.

Two independent witnesses must attest the will. Each witness must sign in the presence of the testator. Witnesses should not be beneficiaries under the will. If a beneficiary acts as a witness, the gift to that person may become invalid. These formalities are mandatory under the Indian Succession Act, 1925. Failure to comply may lead to challenges during probate or succession proceedings.

How Should an NRI Structure the Will?

The document should begin with a clear title such as “Last Will and Testament.” The testator must provide full details including name, passport number, date of birth, overseas address, and Indian identification details if available. The will should revoke all prior wills and codicils. This avoids confusion and competing claims. The testator must clearly list Indian assets. These may include immovable property in Kerala or other states, NRO or NRE bank accounts, fixed deposits, shares, jewelry, and other movable assets. Clarity prevents ambiguity during distribution.

Each beneficiary should be identified with full name, relationship, and address. The will must specify how each asset will be distributed. If minor children are involved, the testator should appoint a guardian. An executor must be appointed to administer the estate. The executor ensures implementation of the will, settles liabilities, and distributes assets.

Should NRIs Draft a Separate Will for Indian Assets?

Drafting a separate will for Indian assets often simplifies probate procedures. Immovable property situated in India follows Indian succession law regardless of domicile. A separate Indian will reduces conflict between foreign and domestic legal systems. However, the testator must ensure that multiple wills do not contradict each other. Clear drafting avoids unintended revocation.

Can an NRI Sign the Will Abroad?

Yes. An NRI can execute the will abroad. It must still satisfy the requirements of signature and attestation by two witnesses. Witness details should include full names and addresses for identification. Some states may accept video identification processes during registration. However, the physical signing and witnessing requirements must be strictly followed.

Is Registration of a Will Mandatory?

Registration of a will is not mandatory under Indian law. However, registration adds authenticity and reduces suspicion. The will may be registered at the local Sub-Registrar’s office by paying a nominal fee. NRIs can appear personally if visiting India. Alternatively, they may use a properly executed and apostilled Power of Attorney for limited procedural purposes. Registration does not prevent future modification. The testator can revoke or amend the will at any time during their lifetime.

How Should an NRI Store and Update the Will?

The original will should be stored securely. A bank locker or trusted custodian can provide safe storage. The executor should know the location of the original document. The testator should review the will periodically. Marriage, divorce, birth of children, acquisition of new property, or change in financial status may require revision. A codicil or fresh will can update previous provisions.

Conclusion

Ambiguity creates disputes. Clear language prevents litigation. Accurate asset description ensures smooth probate and transfer. Proper compliance with statutory formalities protects the will from technical objections. A well-drafted will offers certainty. It safeguards Indian assets. It preserves family harmony. By following the requirements under the Indian Succession Act, 1925, NRIs can ensure lawful and efficient succession planning in India.