Can I Write a Will Outside India for My Assets in India? Is It Legally Valid?

If you are an NRI (Non-Resident Indian) or residing outside India and own assets—properties, bank accounts, shares, etc.—within India, estate planning is crucial for safeguarding your family's future. A common question arises: Can I write a Will while living abroad? Will it be legally valid for my Indian assets?

The Short Answer

Yes, you can draft a Will outside India, and it is legally valid for your assets in India—if it meets certain compliance requirements.

How Does It Work?

A Will written outside India ("Foreign Will") can govern your Indian assets, provided it is executed as per the legal requirements of both your country of residence and Indian law.
As per the Indian Succession Act, there are no restrictions on nationality or location when making a Will for Indian assets, as long as due legal procedure is followed.

Key Legal Points

Basic Requirements: Your Will must be in writing, signed by you (the testator), and attested by at least two witnesses, who are present at the same time during signing. Avoid having beneficiaries as witnesses.
Dual Compliance: For maximum enforceability, make sure your Will:

Satisfies the execution norms of the country where you live.
Also adheres to the Indian Succession Act (especially Section 63), which governs Will execution in India.

Language: Preferably in English or any Indian language.
Detailed Inventory: Clearly list all Indian assets and beneficiaries in your Will. Name an executor who will administer your Will in India.

Enforcing a Foreign Will in India

Probate Process:

After the testator's demise, the executor should obtain "probate" (legal authentication and enforcement) for the Will from a court in the country of residence.
The Will and probate order must then be “apostilled” (authenticated for international use) or endorsed by the Indian consular office.
In India, the executor files for probate or letters of administration at an Indian court, along with authenticated documents.
The court will review the Will, notify relatives, and—if uncontested—grant probate, allowing administration of Indian assets as per the Will.

Can NRIs Register Their Will in India Without Visiting in Person?

While the drafting and execution of a Will for Indian assets can be done outside India, formal registration of the Will in India usually requires the testator’s physical presence at a Sub-Registrar’s office. This process is meant to verify the testator’s identity and signature.

If visiting India is not feasible, here are your options:

Power of Attorney (PoA): You can legally appoint a trusted representative (such as a friend, family member, or lawyer) in India through a PoA. The PoA document must be notarized and consular-attested, allowing your representative to submit the Will for registration on your behalf.
Emerging Digital Solutions: Some Indian states are piloting video-based verification for remote registration, however, this is not yet a widespread solution. Upcoming regulations (like the Registration Bill 2025) may allow remote online will registration, but such laws and technologies are not universally implemented.
Legal Guidance: Before using a PoA, consult an Indian legal expert to ensure compliance with local procedures.

In summary:
A Will made outside India is legally valid for Indian assets if properly executed. Registration in India is not mandatory for validity, but it does add legal strength. For registration, you generally need to be present in India, unless you appoint a representative through PoA or your local jurisdiction offers approved remote options.

Frequently Asked Questions

Q: Should I make separate Wills for assets in India and other countries?
A: Yes, it’s often best to keep separate Wills for clearer jurisdictional execution and to avoid legal conflicts.

Q: Where should I keep my Will?
A: Store your Will securely and let your heirs know its location. You may entrust it to a lawyer, trusted person, or keep it in a locker.

Ready to Secure Your Legacy?

Draft your Will anytime, anywhere with complete legal validity for Indian assets at iWills.in. Enjoy a simple, trusted, and guided process designed for NRIs and global Indians. Protect your family’s future — get started now!