Can my will provide for my pet's future care and maintenance?

Given the emotional attachment with my pet, how can my will provide for its future care and maintenance?

—Name withheld on request

As pets are increasingly regarded as family members, structured planning for their long-term care is becoming an important part of estate planning.

Your will should clearly identify the pet, including relevant details such as name and breed. It should appoint a primary caretaker responsible for the pet’s food, grooming, medical treatment, and overall welfare, with the caretaker’s prior consent properly recorded in advance and clear care instructions set out. As a prudent safeguard, a secondary or backup caretaker may also be named.

The will should further earmark a specific portion of the estate for the pet’s upkeep, with the appointed executor responsible for supervising its proper application.

Alternatively, provision may be made for the pet’s care at a reputable animal care facility, using the allocated funds for this purpose.

It is equally important to specify the manner in which any surplus funds from the earmarked portion are to be dealt with upon the pet’s death.

For enhanced certainty and enforceability, these arrangements may also be structured through a private trust, subject to careful drafting and planning.

I am a Sikh owning property in Mumbai and wish to bequeath it to my NRI daughter. What are the probate requirements, and can an NRI legally own immovable property in India?

—Name withheld on request

Probate is a judicial certification that confirms the authenticity of a will, formally appoints the executor or administrator, and authorises the lawful distribution of assets in accordance with the testamentary document.

Historically, probate was mandatory for wills executed in, or relating to immovable property situated within, the erstwhile presidency towns of Calcutta, Madras, and Bombay.

Following the enactment of the Repealing and Amending Bill, 2025 (awaiting formal notification), probate is no longer a statutory prerequisite for establishing rights under wills executed by Sikhs in these jurisdictions, including Mumbai.

While the removal of this mandatory requirement may offer procedural efficiencies in terms of time and cost, it does not eliminate the risk of future challenges to the will. In practice, obtaining probate on a voluntary basis continues to carry significant strategic value, as it provides judicial affirmation of the will’s validity and materially reduces the scope for disputes.

From an exchange-control perspective, a non-resident is fully permitted to inherit and own immovable property in India from a resident individual.

Rohit Jain is managing partner, and Keshav Singhania is head, private client practice at Singhania & Co.