Do NRIs need separate wills for Indian and overseas assets?

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If you’re an NRI, chances are your life and money are spread across more than one country. You may have property in India, bank accounts abroad, and maybe even investments scattered between the two. That brings up a tricky question: do you really need separate wills for your Indian and overseas assets, or can you just draft one and be done with it?

One will, many assets: is it enough?

Technically, yes — you can write a single will that covers everything you own, no matter where it is. As long as the will is valid under the law of the place where it’s executed, it should be legally enforceable. But here’s the catch: when the time comes to act on it, executors and heirs may run into a lot of paperwork. Different countries have their own probate procedures, and using a single will across borders can slow things down.

Why separate wills can help

This is why many NRIs prefer separate wills — one for Indian assets and another for assets abroad. That way, the executor dealing with property in India can get probate from an Indian court without waiting for approvals overseas. Likewise, your overseas executor won’t need to chase Indian authorities. It keeps things neat and saves your heirs time and stress during what’s already a difficult period.

The fine print you can’t ignore

If you do go for separate wills, make sure they don’t accidentally cancel each other out. Each will should clearly state that it deals only with assets in a particular jurisdiction and doesn’t revoke the other. This avoids confusion and ensures both wills can work in harmony. It’s also a good idea to get local legal advice in each country to make sure the will is enforceable under that country’s succession laws.

Bottom line

For NRIs with assets in multiple countries, separate wills aren’t mandatory, but they are often practical. They simplify the process, reduce delays, and give your heirs clarity. If your life is split between India and abroad, having two wills that complement each other might be the best gift you can leave behind.

FAQs

Q1. Can I write one will to cover both Indian and overseas assets?

Yes, you can, but it may slow down the process since your heirs will need to go through multiple probate procedures in different countries.

Q2. If I make two wills, won’t one cancel the other?

Not if each will is worded carefully. They should clearly state that they apply only to assets in a specific country and do not revoke the other.

Q3. Do I need a lawyer in both countries?

It’s highly advisable. Local laws differ, and having a lawyer in each jurisdiction ensures your will is valid and enforceable where your assets are located.