Will & Succession Management

SolvLegal’s Wills and Succession Management practice for Non-Resident Indians (NRIs) focuses on structured estate planning and succession administration involving assets situated in India and, where relevant, across jurisdictions.

NRIs frequently hold movable and immovable assets in India, including real estate, financial investments, business interests, and ancestral property. Effective succession planning requires clarity regarding applicable personal law, execution formalities, cross-border recognition of testamentary instruments, and procedural requirements in Indian courts. The practice addresses both forward-looking estate planning through wills and trusts, as well as post-demise succession management and administration.

SCOPE OF MATTERS

The practice encompasses advisory and representation in matters including:

• Drafting of wills for NRIs covering assets located in India.
• Structuring of testamentary and inter vivos trusts where appropriate.
• Advisory regarding appointment of executors and trustees residing in India or abroad.
• Probate proceedings before competent Indian courts.
• Letters of administration and succession-related proceedings.
• Coordination of documentation executed overseas, including notarization and apostille formalities.
• Advisory concerning recognition of foreign wills in India and vice versa.

Where appropriate, strategic considerations may include asset distribution planning, continuity of family businesses, and mitigation of potential disputes among heirs.

JURISDICTIONAL AND PROCEDURAL CONTEXT

Succession matters involving NRIs may raise questions of domicile, applicable personal law, situs of assets, and recognition of foreign probate or succession orders. Probate may be mandatory in certain jurisdictions within India depending on the location of property and the nature of the will.

Execution of wills by NRIs must comply with statutory formalities to ensure enforceability in India. Cross-border estates may require coordination between Indian courts and foreign legal processes, particularly in cases involving assets situated in multiple jurisdictions. Each matter is evaluated based on the individual’s residency status, asset profile, family structure, and applicable legal framework.

PROFESSIONAL ENGAGEMENT

The practice involves legal advisory, drafting of testamentary instruments, preparation of succession-related petitions and supporting documentation, coordination of cross-border formalities, and representation before competent judicial forums in India, as applicable. Engagement in any matter is subject to an independent professional evaluation of the individual’s circumstances, jurisdictional considerations, and applicable law.

DISCLAIMER

“As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise. The information provided on this page is for general informational purposes only and does not constitute legal advice or solicitation. Accessing this page does not create a lawyer–client relationship.”