How to Make a Will: A Guide for NRIs

Introduction

When it comes to planning for the future, many of us delay making a will. We might think it’s something to handle later in life or assume our families will know what to do when the time comes. But here’s the reality: making a will early is critical, especially for NRIs (Non-Resident Indians) and families with international ties. It helps avoid complications and ensures your wishes are followed.

In this guide, I’ll walk you through the process of making a will, clear up common myths, and provide useful tips. I’ll also cover specific challenges faced by NRIs, people with property in India, and families whose children are abroad.

Why Am I Talking About Wills?

Recently, I served as the executor of someone’s will, and it wasn’t as smooth as expected. We faced delays, miscommunications, and legal complexities. It was a learning experience that highlighted how important it is to get everything right from the start. A will should make things easier for your loved ones, but if it’s not done properly, it can create more problems than it solves.

This is especially true if you have connections across borders—whether you’re an NRI with property in India or a parent with children living abroad. I want to share insights so you can avoid unnecessary headaches for your family.

Additionally, we offer services like will-making and succession planning for HNIs (High Net-Worth Individuals) and NRIs. We don’t just stop at writing the will; we also make sure it’s stored safely, registered, and executed when needed. Even if you don’t need professional help, the tips I’ll share here will point you in the right direction.

Common Myths About Making a Will

Before we get into the steps of making a will, let’s debunk some common myths.

Myth 1: A Will Must Follow a Strict Format

Many believe a will has to be written in a specific format or on legal paper. This is false. A will can be written on any paper—even a regular notebook—and doesn’t need a particular layout. You can handwrite or type it. The most important thing is to clearly explain your wishes.

Myth 2: You Only Need a Will When You’re Older

You don’t need to wait until you’re old to write a will. In fact, you should make one as soon as you start owning assets. If you have property, savings, or anything valuable, it’s time to consider making a will. You might even start in your 30s or 40s to ensure your loved ones are protected.

Myth 3: A Will Must Be Registered to Be Valid

No, a will doesn’t need to be registered to be valid. As long as it’s written properly, signed by you, and witnessed by two people, it’s legal. However, registering a will adds security and makes it harder for someone to challenge it later.

Myth 4: Only Lawyers or Accountants Can Execute a Will

This isn’t true either. While you can name a lawyer or accountant as your executor, it’s not required. The executor can be any trusted person—a family member or friend—who makes sure your wishes are followed.

Myth 5: A Will Can’t Be Changed

A will isn’t permanent. You can change it whenever you want. When you create a new will, it automatically replaces the old one. It’s a good idea to register any new will to prevent disputes over which version is valid.

Why You Need a Will—Even If You Think You Don’t

If someone dies without a will, they are said to have died intestate. This means the law will decide how their assets are divided, which might not reflect their wishes. In India, these laws depend on your religion. Hindus follow the Hindu Succession Act, Muslims follow Sharia law, and others are governed by the Indian Succession Act.

Without a will, your assets might be split in ways you didn’t intend. For example, under the Hindu Succession Act, assets are usually divided between your spouse, mother, and children. If you want everything to go to your spouse and children, you need to state that clearly in a will. Without one, your loved ones could face family disputes, lengthy court battles, and financial difficulties.

Dos and Don’ts for Making a Will

Now that we’ve debunked some myths, let’s go over some tips to help you create an effective will.

Do: Be Clear and Specific

Avoid vague instructions like, “20% of my property to Person A and 30% to Person B.” It’s better to clearly state who gets what. If you want to divide the proceeds from selling a property, explain exactly how you want that to happen.

Do: Stay Consistent

Your will must be consistent. Don’t give the same asset to multiple people or include conflicting instructions. For example, if you leave your house to your spouse, don’t later say a portion of the same house goes to your child. If you want your spouse to support your child financially, specify how that should be done using other assets.

Don’t: Forget to Appoint an Executor

The executor is the person responsible for making sure your will is followed. Choose someone you trust—whether it’s a family member, close friend, or a professional. If your estate is large or complex, consider naming a professional executor, such as a lawyer. Also, it’s wise to name an alternate executor in case your first choice can’t serve.

Do: Consider Professional Help for Larger Estates

If your estate is complicated or includes assets in multiple countries, it might be a good idea to seek professional help. Family members may not want the responsibility of managing a large estate, but professionals can ensure that everything is handled correctly and efficiently.

Don’t: Forget About Young Children

If you have young children, consider setting up a family trust. This trust can manage your assets until your children are old enough to handle them responsibly. The trust can provide financial support over time and release larger amounts when your children reach adulthood.

Special Considerations for NRIs

If you’re an NRI or someone with property in India, you face additional challenges. For example, you might have assets in multiple countries, each with its own laws. To avoid legal issues, make a will in every country where you hold assets. Be clear about which assets each will covers, and make sure the wills don’t contradict each other.

Also, if your heirs are living abroad, think about how that affects the execution of your will. You might want to appoint someone in India to handle property or financial matters, or make sure your executor can navigate international legal processes smoothly.

Conclusion

Making a will is a key step in protecting your legacy. But it’s only the first step. Regularly updating your will and ensuring it’s properly executed is just as important. For NRIs or anyone with cross-border interests, this planning becomes even more crucial. Don’t wait until it’s too late—start planning today.