Wills

The One Document NRIs Consistently Overlook

Most NRIs are diligent about tax planning and investments , but a local will — one valid in your country of residence — is the document that gets postponed indefinitely. If something happens to you without one, the consequences fall entirely on the people you’d want to protect.

What Happens Without a Local Will

Cases like this aren’t rare — UK and Indian courts have handled custody and probate disputes for NRI families where no valid local will existed. When both parents die without a will and young children are involved, the result can be months of legal proceedings to determine guardianship, during which children may be placed in temporary care while relatives — even willing, capable ones — have no automatic legal standing to intervene. The underlying cause in these cases is consistently the same: no local will specifying guardianship and asset distribution.

Why Estate Planning Gets Deprioritised

NRIs typically have more moving parts than resident taxpayers — assets split across countries, dependants in more than one jurisdiction, and multiple legal systems to satisfy. That complexity is exactly why the planning gets pushed back rather than tackled head-on. It is also why the paperwork needs to agree with itself: your will decides who gets what, while any life insurance you hold determines whether there is enough to go around — and the two need to name the same people.

Why Your Indian Will Won’t Cover You Abroad

Your Indian will is not automatically recognised in your country of residence. Wills are governed by local law, which means:

• An Indian will may not be legally recognized
• Your assets could be tied up in complex legal procedures
• Your family’s wishes might be completely ignored

The Real-World Consequences

Without a local will, you risk:

• Social services taking temporary custody of your children
• Complex cross-border legal challenges
• Potential cultural misunderstandings in asset distribution
• Significant financial and emotional burden on your family

What a Proper Will Can Do

A well-crafted local will is your family’s lifeline. It can:

• Specify guardianship for your children
• Protect your assets across borders
• Ensure your cultural and religious preferences are respected especially during cremation.
• Provide clear instructions for immediate action
• Give your loved ones peace of mind

Taking Action: Your NRI Survival Guide

• Consult Experts: Find legal professionals who understand both in country of residence and India.
• Be Specific: Detail your wishes for guardianship, asset distribution, and cultural considerations
• Update Regularly: Life changes, and so should your will
• Communicate: Ensure your family knows about the will’s existence and location

For UK NRIs, NRIWallah has partnered with Octopus Legal (part of Octopus Group) to offer simplified will writing services for NRIs, providing a 10% discount with code NRIWALLAH10 for simple or standard will preparation.

For those preferring personal consultation, you can discuss your case by calling +44 20 45253605.

For NRIs without a will in India, NRIWallah has partnered with VakilSearch to provide comprehensive legal protection. Enjoy 20% off your first will preparation and secure your family’s future across borders.

Lasting Power of Attorney

UK NRIs can prepare a Lasting Power of Attorney (LPA), which is similar to India’s Power of Attorney for economic affairs. However, this LPA specifically comes into effect during critical situations like strokes, serious accidents, or dementia. NRIWallah recommends obtaining an LPA, as the alternative—securing a deputy through the Court of Protection—is a complex and costly process.

Octopus Legal offers comprehensive LPA preparation for both Health & Welfare and Property & Financial Affairs, with packages starting from as low as £80 (excluding OPG registration fees), which you can do after preparing your will.