Australian residents can make an Indian will for assets in India, signed in Australia before two witnesses, and can arrange registered wills for parents in India. After a death, we obtain probate or letters of administration in India where required. An Australian will can cover Indian assets but is slower to use, so a separate Indian will is recommended.
- Document route
- Notary + DFAT apostille, or Indian mission
- Time difference
- Ahead of IST by 2.5 to 5.5 hours
- Handled in India at
- Sub-registrar; district or High Court for probate
- Travel to India
- None for signing
How it works from Australia
For parents, an advocate meets them, takes instructions privately, drafts the will and arranges registration with the Sub-Registrar, with a doctor's certificate of capacity where age or health might later be questioned. For you, the Indian will is drafted to sit beside your Australian will without either revoking the other, and signed before two independent witnesses; a notary and DFAT apostille can be added.
When an estate has to be administered, the executor abroad acts through an attorney holder. We advise whether probate is needed for the city and assets involved and obtain the grant, then deal with mutation, bank claims and transmission of shares.
What is different for NRIs in Australia
- Australia has no inheritance tax, but capital gains rules apply when inherited assets are sold.
- Superannuation nominations do not cover Indian assets.
- Review after marriage, divorce or purchase of property.
Step by step from Australia
Free review call
Calls are held in your afternoon, which is the Indian morning. We read your papers on an Indian will or probate first, so the call is about your options and not a repeat of the facts.
Authority from Australia
Where a representative must act for you in India on an Indian will or probate, you sign before an Australian notary public and obtain the DFAT apostille, or attend the Indian mission for your state. We draft the document and send signing instructions.
Work in India
In India, we finalise the will for signature before two witnesses, or file the probate petition and take it through citation and evidence. Updates for clients in Australia go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the signed or registered will, or the sealed grant for use with banks and registries. Originals are couriered to your address in Australia if you need them.
The law in full
This page covers what changes when you handle an Indian will or probate from Australia. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Will Drafting & Probate. For other matters, see all legal services for NRIs in Australia or the Inheritance, Wills & Documents practice area.
Questions from NRIs in Australia
Can I make a will for Indian property while living in Australia?
Yes, signed before two witnesses; it is valid in India if properly executed.
Can you help my parents in India make a will?
Yes. We take instructions from them directly and arrange registration.
Is an Australian will recognised in India?
It can be proved in India, but with more formality. A separate Indian will avoids delay.