Can a Will be written from overseas?
1 min read . Updated: 16 Jan 2022, 01:12 PM IST
Premium- The provisions of Indian Succession Act, 1925, will be applicable for testamentary succession of assets.
- We would recommend that you register your will, albeit it is optional to do so in India.
Me and my family (wife and son) are NRIs based in Sweden. I have properties and movable assets in India. Can I write a Will on plain paper while I am in Sweden with respect to my assets? Is it okay to get it witnessed by my other NRI friends from India, based in Sweden, for the time being? What are other precautions to be taken when writing a Will from overseas with respect to assets and liabilities in India?
- Narsinh Modani
We assume you and your family are Hindu by faith. Accordingly, the provisions of Indian Succession Act, 1925, will be applicable for testamentary succession of assets of the testator (ie. the person who makes the will). The foreign will proposed by you can be tested against the grounds required for a valid will under the said law.
Broadly, under the said law, making a will is straightforward. It need not be on a legal / stamp paper- a simple plain sheet of paper(s) is all you need. After writing by hand or printing out the will, it needs to be signed by you in presence of 2 (two) independent witnesses (eg. your NRI friends). Post this, it will be considered ‘valid’ under Indian law. If you prefer a more formal approach, please consult the website of the local Indian embassy in Sweden – they would have a prescribed procedure regarding the attestation of an NRI will.
It is recommended that you execute separate wills for your Indian assets, and separate ones for Swedish and/or other foreign assets. We would recommend that you register your will, albeit it is optional to do so in India.
Query answered by Rishabh Shroff, partner at Cyril Amarchand Mangaldas. Queries and views at mintmoney@livemint.com
