Is a will executed outside India valid in India?
Asked by: Jamie Kuhlman | Last update: November 25, 2025Score: 4.7/5 (55 votes)
Wills made in other jurisdiction are not automatically enforceable in India. Under the Act, an ancillary probate can be granted to authenticate a foreign will.
Is a foreign will valid in India for property?
For the purposes of enforcement of a foreign Will (Will registered abroad) in India, the foreign Will would require to be authenticated by way of obtaining a probate from the concerned court or authority in the relevant foreign country.
What are the requirements for a will to be valid in India?
A Will must be written, signed by the testator, and attested by at least two witnesses to be legally valid. It ensures the orderly transfer of assets, minimizing disputes among heirs. The Act also provides guidelines for revocation, alteration, and execution of Wills, safeguarding the testator's intent.
What makes a will invalid in India?
Any part of a will that has been forced or induced to be made by force, coercion, or threat or whatever has not been drawn while writing a will with free consent is invalid and not enforceable by law.
Is a will valid in another country?
As long as your will complies with the general requirements outlined by the International Institute for the Unification of Private Law at the Washington Convention, as well as California law (including the Uniform International Wills Act), your will can act as an international will.
NRI can execute his Will in respect of Indian Assets while outside India
Is an international will valid in Canada?
Many jurisdictions, such as Ontario, have statutory provisions that recognize foreign wills so long as they complied with the laws where they were entered. However, this isn't universally true. In other words, a foreign will may be required to deal with foreign property. Meeting requirements for property transfer.
Does a will have to be registered to be valid?
If a Will is not registered, is it valid? A Will does not have to be registered with the National Will Register to be valid.
Is there a time limit for execution of will in India?
The beneficiary in whose name the will is written gets an indefinite right to get it executed anytime after the death of the testator as the will remains valid for time immemorial. There is no expiry date in case of Will and no authority can enforce a restriction or limit on the time period of execution of will.
What makes a will null and void?
Fraud – The decedent was deceived into creating a new will, amending their will or revoking their will. Forgery – A decedent's will was fraudulently signed by someone other than the decedent. Lack of Due Execution – The legal protocol for executing a will was not followed precisely.
Can an NRI make a will in India?
Yes, but it's best to create separate wills for assets in different countries to avoid jurisdictional conflicts. 3. What if an NRI dies without a will in India? The property is distributed per applicable succession laws, which can lead to lengthy legal proceedings.
Is a Canadian will valid in India?
Status of Probate Obtained in Respect of a Will Executed in a Foreign Country: Wills made in other jurisdiction are not automatically enforceable in India. Under the Act, an ancillary probate can be granted to authenticate a foreign will.
How can I legalize a will in India?
Registering a Will involves signing the Will in front of the local sub-registrar's office. - This process is important as it ensures an additional third witness of the Will i.e. the Govt. of India, which adds strength to the genuinity of the Will document.
Does will need to be registered in India?
Contrary to popular belief, registration of a Will is not mandatory under Indian law (Section 18 (e) of the Registration Act, 1908) to make it legally valid. However, registration serves as an extra layer of security to preserve a genuine copy in case the original document gets lost, damaged or is tampered with.
How do I prove a Will is valid in India?
Proving of 'Will':
Will needs to be attested by two or more witnesses, each of whom must have seen the testator sign or affix his mark to the 'Will' and further, each of the witnesses to the 'Will' should have signed the 'Will' with the requisite animus attestandi.
Can NRI inherit property in India?
A Non-Resident Indian (NRI), can inherit immovable property in India in two ways: Valid Will, i.e., testamentary succession; or. Laws of intestate succession i.e., when a person passes away without writing a valid Will and the property is inherited as per the relevant succession laws in India.
Who inherits property if no Will in India?
Distribution Of Assets Under Intestate Succession
Spouses, children, parents, and siblings are typically considered primary beneficiaries, and their shares may vary based on factors such as gender, marital status, and the presence of other legal heirs.
In what three ways can a will be revoked?
For information regarding a specific legal issue affecting you, please contact an attorney in your area. Revoking a will is a way to cancel your current will and can be accomplished by physically destroying the will, creating a new will with a provision revoking all other wills, or amending your current with a codicil.
Which of the following wills may be considered invalid?
However, there are several reasons why a will may be deemed invalid, including lack of capacity, undue influence, improper execution, fraud, duress, mistakes, and revocation. If you are making a will, it is essential to ensure that it is executed properly and that you are not under undue influence or duress.
Under what circumstances can a will be deemed invalid?
If the will was made by an individual who did not have the mental capacity to understand the nature and extent of their assets or comprehend the overall significance of creating a will, it may be deemed invalid in California.
Can I make a will without a lawyer in India?
Yes, it is possible to make a will without a lawyer in India. However, seeking legal advice is advisable to ensure the will complies with all legal requirements. Legal professionals can guide individuals through the process, ensuring the will is clear, valid, and effectively reflects the testator's intentions.
What happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
Can a beneficiary be an executor of a will in India?
Criteria to Appoint an Executor
The executor appointed may be either a beneficiary to the will or a third person(in case a dispute seems likely). It shall be made known to the executor that he/she shall be liable for any errors or mistakes even if the same has been executed in good faith.
Is unregistered will valid in India?
In India, it is not mandatory to register a will and an unregistered will is also considered legal. According to the Hindu Succession (Amendment) Act, 2005, daughters have the same right to their father's property as sons.
Do I need to register my will in Canada?
With the exception of British Columbia and Québec, all wills in Canada are registered with the Canada Will Registry. In British Columbia wills are registered with the Vital Statistics Agency, and wills from Québec are registered by notaries.
How do you prove the validity of a will?
A will may be proven in probate court by submitting either a self-proving affidavit, a new sworn statement signed by a witness, or the live testimony of a witness. A self-proving affidavit is a sworn statement signed by the will's author (the "testator") and witnesses and attached to the will.