Leni Paul

Yes. A Will executed outside India is valid under Indian law if it complies with the formalities of Indian law or the law of the country where it is signed. NRIs typically sign before two witnesses and have the document attested by a Notary Public or Indian Consulate.

Assets in India are governed by Indian succession law regardless of where the owner resides. The Indian Succession Act, 1925 applies to Christians and Parsis; the Hindu Succession Act, 1956 applies to Hindus, Sikhs, Buddhists, and Jains.

Registration is not mandatory under Indian law but is strongly advisable. A registered Will is held on public record at the Sub-Registrar's office and is considerably more difficult to challenge.

Probate is mandatory in Mumbai, Kolkata, and Chennai for immovable property. In other states it is generally not compulsory but may be required by banks before releasing assets.

Indian assets are distributed under applicable personal law. The family must obtain a Succession Certificate or Letters of Administration from an Indian court — a process that can be lengthy and costly for families abroad.

A Family Trust (also called a Private Trust) is a legal arrangement in which you transfer your assets into a trust that is managed for the benefit of chosen family members.

Assets including immovable properties (not under an active loan), business ownership interests, all types of financial assets, movable assets such as vehicles and artefacts, intellectual property rights, and digital assets can be placed in a family trust.

No government approval or regulatory clearance is needed. The Trust Deed does, however, need to be registered at the local Sub-Registrar Office corresponding to the Settlor's residential address.

It is particularly suited for individuals who: anticipate disputes or challenges to their Will; own a business; are themselves settled abroad, or have children settled abroad; have a child with special needs; are navigating matrimonial complexities; or wish to ensure their wealth continues to be managed strictly according to their wishes even after their demise.