For non-resident Indians (NRIs) with both Indian and UAE assets, estate planning is not just advisable—it's essential. Cross-border inheritance laws, different legal systems, and lack of clarity in documentation may result in protracted disputes, frozen assets, and unwanted tax implications. The following is what NRIs can do to secure their estate in both countries.
Create individual wills for both jurisdictions
One of the most effective methods is to prepare two different wills—one for Indian properties and one for UAE properties. This way, both wills are drafted as per the law of the respective country. Care should be taken, however, that they do not conflict with each other and that one will does not invalidate the other by default. It is advisable to engage lawyers who are proficient in succession laws of both jurisdictions.
Understand the UAE succession laws
Whereas in India, personal law governs inheritance, in the UAE, the law has recently been amended to allow non-Muslim expatriates to apply the laws of their home country with respect to wills and inheritance. It makes it easy for NRIs to record a will either at the Dubai International Financial Centre (DIFC) or at the local courts so that UAE assets are distributed as per their wishes. Failing this, Shariah law comes into effect.
Nominate beneficiaries of bank accounts
In both India and the UAE, NRIs should ensure they've nominated relatives for investment portfolios, insurance plans, and bank accounts. While nominations take precedence over a will, they make it easier for family members to access assets more quickly and with less documentation.
Consider setting up a family trust
For big houses, particularly those with minor children or dependent relatives, establishing a family trust might be a prudent decision. A trust can preserve and administer wealth internationally, minimize inheritance conflicts, and ensure tax efficiency based on design.
Keep documents current
NRIs must ensure that all property documents, share certificates, and bank statements reflect the current owners and nominees clearly. Wills and financial instructions need to be updated from time to time, especially after important events in life like marriage, divorce, or childbirth.
Proper estate planning not only protects assets but also saves family members from emotional and legal hassles. With proper coordination of the Indian and UAE laws, NRIs can protect their legacy in both countries.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
