Hi, I am Shanaya Kapoor and a NRI. Currently I am residing in California for the last 12 years and before that I was in India. I hold certain properties in both the countries. I read your last blog about why NRIs should write a Will and it really pushed me to write one but now I am confused about whether I should write a Separate Will or a Composite Will. Can you help me reach a decision?
Well Shanaya is not the only NRI who is stuck at making a decision regarding which Will to make, many of you must be confused. But here is what we at AasaanWill have to advise.
Here Is Why a NRI Should Write A Separate Will
1. To Avoid Complications:
We advise you to prepare SEPARATE WILLS for the properties you own in different countries because the execution process of every country can be different. For instance Shanaya holds a joint business in India with her cousin, the scene will become complicated through a composite Will.
2. Will Registration is not mandatory in India:
In India, registration of Will is not mandatory, even for a NRI. So if you write a Will in a foreign country that is also a valid Will but if your share in the property or the relations among beneficiaries are complicated, registering a Will is a viable option.
- If you want to register it in your resident country, you can get it notarised in the resident country and then register it with the Indian Embassy/Indian Consular Services, or;
- You can get it registered whenever you will visit India. It will get registered easily.
3. It Gets Troublesome If The Will Is Executed In The Foreign Country:
If you write a composite Will, the chances of its execution in the resident country are high. Then it will not be you but your beneficiaries who will rush from one place to another to complete the legal formalities, after your demise. Read out in the next heading, what are the cons of writing a composite Will.
Composite Wills Gets Troublesome For The Beneficiaries
If you make a COMPOSITE WILL and it is executed in any foreign country, then there are certain things your beneficiary will have to comply with after your death:
- After your death, probate from the foreign Court of competent jurisdiction (the competent court of the country you are residing in) will have to be obtained and then they will have to show it in the Indian courts. Indian courts do recognise such probate, if granted keeping in consideration the Indian Law.
- To release assets overseas, they will have to obtain an apostille certificate against the Will, court issued probate certificate and death certificate. An apostille certificate is valid in all those countries which are signatory to Hague Convention 1961.
You can now make your Will online for your assets in India which is affordable, easy and legally valid at AasaanWill.Zaroori Hai!