Will advisory

An NRI can devolve their assets to the legal heirs or to any one of their choice via a Will. On the demise of an individual, and when assets are transferred via this process, it is called devolution of an asset. The person who receives the said asset is called an inheritor and the process is called inheritance.

Inheritance via a Will or Intestate succession:

If an NRI leaves assets without writing a Will (dies intestate) then a child will have to obtain a succession certificate from the Indian Courts. This can involve submitting various documents and certificates. NRIs should be prepared to spend some time in India as their presence is typically required and helpful for clearing matters of property inheritance – especially if they have little or no representation. If a parent has executed a Will, then the child will still have to apply to the court for Probate.

Challenges that NRIs face:

1. They may not be aware of the legal process.
2. May not know whom to contact.
3. The succession certificate or probate process could be time-consuming.
4. They may have a limited time as they need to return to their residing country.
5. Lack of knowledge about tax & legal aspects.

Challenges of Transferring the title:

The process of transferring a title in India can be quite challenging as there could be several processes and aspects that need to be dealt with in Indian courts and various government departments. For NRIs going through this type of process can be a difficult experience as the courts in India are very different from foreign countries. It is best to seek expert advice while drafting a WILL as well as while applying for Probate. A Will is a legal document by which a person (the testator), names one or more persons (the executor) to manage his / her estate and provides for the transfer of his property at death. Making a Will is essential if you want to be sure of leaving your property and possessions to your chosen beneficiaries. It is often difficult for NRIs to travel to India due to old age or physical inability to have a Will prepared and executed, or perhaps reluctance to use an Indian Lawyer due to lack of trust. For an Indian Will to be valid, the Will should be attested by a Notary Public, sent to Foreign and Commonwealth Offices for an ‘Apostille’ stamp, sent to the Indian High Commission for a ‘consular’ stamp, as well as ensuring that the Will is drafted correctly and by a qualified Solicitor / Lawyer. All4NRI team offers an ‘in-house’ solution so that the entire process is handled by us from start to finish.