UK residents with assets in India should have a separate Indian will limited to Indian assets, coordinated with their English will so that neither revokes the other. It can be signed in the UK before two witnesses. After death, an English grant of probate can be used to obtain ancillary probate in India, or a registered Indian will may be acted on directly for mutation.
- Document route
- Notary + FCDO apostille, or High Commission
- Time difference
- 4.5 to 5.5 hours behind IST
- Handled in India at
- Sub-registrar; district or High Court for probate
- Travel to India
- None for signing
How it works from the UK
We draft the Indian will with property described as in Indian records, an executor who can act in India and wording confining it to Indian assets. Your UK solicitor adjusts the revocation clause in the English will. You sign before two independent witnesses; a notary's certificate with apostille adds weight, and the will can be registered in India on a visit.
For estates in progress, we act for executors: obtaining probate or letters of administration with the will annexed in India, or using the authenticated English grant under the ancillary procedure. Indian succession law, not English law, governs land in India, so forced or fixed shares can apply for some communities.
What is different for NRIs in the UK
- UK inheritance tax may apply to Indian assets; India has none.
- A lasting power of attorney is not a will and does not operate in India.
- Review both wills together after any property change.
Step by step from the UK
Free review call
Calls fit easily into a UK morning, when courts and offices in India are still open. 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 UK
Where a representative must act for you in India on an Indian will or probate, you sign before a UK notary public or solicitor and obtain the FCDO apostille, or attend the High Commission or a Consulate General. 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 the UK 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 the UK if you need them.
The law in full
This page covers what changes when you handle an Indian will or probate from the UK. 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 the UK or the Inheritance, Wills & Documents practice area.
Questions from NRIs in the UK
Is my English will valid for property in India?
It can be, but proving it in India is slow. A separate Indian will is usually better.
Can I sign an Indian will in the UK?
Yes, before two witnesses who are not beneficiaries.
Do I need probate in India if probate was granted in England?
Often an ancillary grant or the authenticated English grant with the will is sufficient; it depends on the asset and city.