Introduction

Non-Resident Indians (NRIs) often need to update their wills due to changing assets, relocation, marriage, or family expansion. Indian law allows complete flexibility in altering or revoking a will during the testator’s lifetime. The process is governed by the Indian Succession Act, 1925. A will remains revocable and changeable at any time, provided the testator is of sound mind. Updating your will ensures your estate reflects your current wishes and prevents future disputes.

What Is the Legal Basis for Updating or Revoking a Will?

The Indian Succession Act clearly states that a will is ambulatory. This means it takes effect only after death and can be modified at any time before that. Sections 62, 69, and 70 of the Act deal with revocation and alteration. You can revoke a will either expressly or implicitly. Registration of a will does not make it permanent. Even a registered will can be revoked or replaced. The key requirement is clear intention. Courts look for evidence that the testator deliberately chose to revoke or modify the earlier document.

What Are the Different Methods to Revoke a Will?

You can revoke a will by executing a new will. When a new will contains a revocation clause, it automatically cancels all prior wills. Even without an explicit clause, inconsistencies between the old and new documents may imply revocation. You may also add a codicil. A codicil allows partial changes without rewriting the entire will. It must follow the same execution formalities as a will. You must sign it in the presence of two independent witnesses. Physical destruction of the will also amounts to revocation if done intentionally. Tearing, burning, or otherwise destroying the original document with clear intent cancels it. However, this method carries risk. If no new will exists, the estate may devolve under intestate succession laws. Marriage may automatically revoke a will for certain communities unless the will was made in contemplation of marriage. However, this rule does not apply uniformly across all personal laws.

How Should NRIs Execute an Updated Will or Codicil?

Begin by drafting a fresh will or codicil that clearly lists assets, beneficiaries, and any revised instructions. Include a specific clause revoking all previous wills and codicils to avoid confusion. Sign the document before two independent witnesses who are not beneficiaries. Their signatures validate execution. If you reside abroad, you may sign the will in your country of residence. Notarization strengthens authenticity. Attestation before the Indian Embassy or Consulate further enhances evidentiary value. You may optionally register the updated will at the local Sub-Registrar’s office in India. Registration is not mandatory, but it provides additional proof of genuineness. If you cannot travel, you may authorize a trusted representative in India through a properly attested Power of Attorney to handle procedural aspects. After updating the will, destroy earlier versions securely. Keeping multiple conflicting copies often leads to litigation among heirs.

Can NRIs Update Foreign-Drafted Wills Covering Indian Assets?

If you drafted a will abroad that includes Indian assets, ensure it complies with Indian legal requirements. If probate occurs abroad, Indian authorities may still require separate proceedings to administer Indian property. Apostille certification or consular attestation helps establish authenticity. To avoid cross-border complications, many NRIs execute a separate will specifically for Indian assets. This approach reduces procedural delays and clarifies jurisdiction.

When Should NRIs Review Their Wills?

You should review your will after major life events. Marriage, divorce, childbirth, death of a beneficiary, or acquisition of new property demands immediate revision. Changes in tax laws or succession rules may also require updates. Store the updated will securely. Inform the executor and at least one trusted family member about its location. Clear communication prevents concealment disputes and forgery allegations.

Conclusion

Updating a will as an NRI is a straightforward but legally sensitive process. The Indian Succession Act allows full revocation or partial modification through a new will or codicil. Proper execution, witness attestation, and optional registration strengthen validity. Regular review and careful documentation ensure that your estate plan reflects your present intentions and protects your heirs from avoidable legal battles.