Wills and estate planning across two countries
Most returnees leave something behind: a bank account, a retirement fund, a flat. If something happens, your family has to deal with two countries' rules. Here's how to make it simple for them.
The short version
Write a will
- India has no inheritance tax
- Without a will, your religion's succession law decides who inherits
- Nominees collect the money, but legal heirs own it
Check each country
- Assets abroad follow that country's rules, and some have inheritance tax
- A separate will for each country is common
- Beneficiary forms on retirement accounts override wills
Make it findable
- A list of all accounts and where the papers are
- Nominees and beneficiaries kept up to date
- Someone you trust who knows the plan
In India
- A will needs to be in writing, signed by you and two witnesses. Registering it is optional but helps.
- Probate is no longer compulsory anywhere in India: the rule for Mumbai, Chennai and Kolkata was removed in December 2025. Banks and registrars may still ask for it for large or disputed estates.
- Nominees vs heirs: a nominee collects the money from a bank or fund, but holds it for the legal heirs under your will or the succession law.
- Different succession laws apply by religion. Muslims can leave only a third of their estate by will, unless the heirs agree to more.
- Property: keep title papers in order and in one place; joint ownership with a spouse can make transfers easier.
Assets abroad: what to know
| Country | What to know |
|---|---|
| United States | For non-citizens without a green card, US estate tax can apply to US assets, including shares and retirement accounts, above just US$60,000. Beneficiary forms decide who gets 401(k)s and IRAs. |
| United Kingdom | Inheritance tax is now based on residence: after 10 or more years as a UK resident, your worldwide assets can stay within UK inheritance tax for 3 to 10 years after you leave. |
| Canada | No inheritance tax, but the estate is taxed as if investments were sold at death. RRSPs and TFSAs pass by their beneficiary forms. |
| UAE | Non-Muslims can register a will (for example with the DIFC Wills Service or the Abu Dhabi courts) to choose how UAE assets are passed on. Without one, the process is slower and less certain. |
| Saudi Arabia | Islamic inheritance rules apply to assets in Saudi Arabia. Move money out, or take local advice, if you keep assets there. |
| Singapore | No inheritance tax. CPF savings don't follow your will; make a CPF nomination. |
A summary only. Rules change and depend on citizenship, residence and where assets are. Take advice in each country where you hold assets.
A simple checklist
- Write a will in India, and one in each country where you keep significant assets; make sure none of them cancels the others.
- Check every nominee and beneficiary, on bank accounts, deposits, funds, insurance, provident funds and retirement accounts abroad.
- Keep a list of all accounts, policies and properties, with where the papers are and who to contact.
- Consider a power of attorney for property or accounts in a country you no longer live in.
- Review it after big changes: a move, a birth, a death or selling property.
Questions
Is there inheritance tax in India?
No. India abolished estate duty in 1985. Heirs pay no tax on what they inherit, though income from it afterwards, such as rent or interest, is taxable.
Do I need a separate will for assets abroad?
Often it's simpler. A will made in the country where the assets are is usually accepted more easily there. Make sure each will covers only its own country's assets and doesn't cancel the others.
Is a nominee the owner of the money?
No. A nominee collects the money, but legally holds it for the heirs named in your will or under the succession law. Keep your will and nominations consistent.
Does a will made abroad work in India?
It can, but Indian courts may need it proved, which is slow. A separate Indian will for Indian assets is usually easier for your family.
What happens to my retirement account abroad when I die?
It usually goes to the beneficiaries named on the account's form, whatever your will says. Keep those forms up to date.