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Coordinating UK and Indian Wills for Cross-Border Estates
A person who owns property in the United Kingdom and India may use two wills.
One will can deal with the UK assets, while the other handles the Indian assets.
This can make the legal process easier in each country.
However, the two wills must be written to work together.
A clause saying that all earlier wills are cancelled could accidentally cancel the other will.
Broad instructions about the rest of the estate could also overlap or leave assets uncovered.
The wills should clearly divide the assets and identify suitable executors.
Lawyers in both countries should understand the complete plan.
Separate wills can simplify administration of assets located in different jurisdictions.
A broad clause revoking all previous wills could unintentionally affect another jurisdiction’s will.
Both wills should clearly define which assets each one governs.
Overlapping or incomplete residuary clauses can create uncertainty about beneficiaries and control.
Executors, asset locations, and probate requirements should be considered as part of one coordinated plan.
- Who
- A person with a London home and assets in India, together with the advisers and executors involved in administering the estate.
- What
- The guidance explains how separate UK and Indian wills can be coordinated so they operate without revoking or overlapping with each other.
- Where
- The estate involves assets in the United Kingdom, including London, and India.
- When
- Why
- To make administration more efficient and avoid conflicts, gaps, or uncertainty between the two wills.
Key facts
- Structure
- Separate wills may govern assets situated in their respective jurisdictions.
- Main risk
- A broadly worded revocation clause may unintentionally revoke or cast doubt on another will.
- Asset allocation
- Each will should clearly identify the assets it governs.
- Residuary clauses
- Broad clauses covering the rest of the estate may overlap or leave uncertainty if not coordinated.
- Executors
- The choice of executors should reflect the jurisdictions and assets involved.
- Probate
- The likely probate process in each jurisdiction should be considered.
- Overall approach
- The wills should be treated as parts of one coordinated cross-border estate plan.
Sources
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