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NRI Will Making: Safeguarding Your Family's Legacy

CA Arun Tiwari , Last updated: 29 March 2024  
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Introduction

Securing our family's future involves considering various aspects, and one crucial element that often gets overlooked is creating a will. For non-resident Indians (NRIs) with ageing parents in India, making a will is incredibly important. In this guide, we'll explore why NRIs should prioritize making a will and the benefits of having one registered. Let's dive into the details and understand how this essential legal document can safeguard your family's legacy.

The Pitfalls of Not Having a Will

Failing to create a will can lead to a host of legal challenges and hurdles for your loved ones after your demise. Without a will, property disputes and inheritance issues can arise, causing emotional and financial strain for your family. For NRIs, dealing with these complex matters from abroad can be challenging and often impractical.

NRI Will Making: Safeguarding Your Family s Legacy

Understanding the Role of a Registered Will

A registered will provides a strong legal solution to protect your family's interests. When someone passes away with a registered will, the executor, typically a trusted relative or friend, ensures that property matters are settled according to the deceased's wishes. Registering the will adds an extra layer of protection, making it legally impossible to challenge.

Initiating the Will-Making Process

For NRIs with ageing parents in India, it's crucial to take proactive steps to start the will-making process. During visits to India, discuss with your parents the importance of having a will and address any concerns they may have. Assure them that creating a will doesn't reduce their control over their assets during their lifetime; instead, it empowers them to decide how their estate is distributed.

Benefits of Early Will Creation

Encouraging your parents to create a will sooner rather than later can save your family from unnecessary hassle and emotional distress. A well-crafted will ensures that your parents' assets are distributed according to their wishes and can even provide a way to support charitable causes or noble undertakings.

 

Challenges Faced by NRIs Without a Will

For NRIs dealing with their parents' estate in India without a will, the legal complexities can seem overwhelming. Establishing oneself as the legal heir from a foreign country becomes a daunting task, requiring significant time, energy, and financial resources. Additionally, relying on power of attorney or legal counsel might lead to unexpected complications and exploitation.

Emphasizing the Importance of Awareness

Creating awareness about will-making among NRIs and their parents is crucial. Understanding the implications of a will empowers families to protect their legacy systematically and efficiently.

Conclusion

In conclusion, creating a well-crafted will is an essential aspect of protecting your family's legacy, particularly for NRIs with ageing parents in India. A registered will offers unparalleled legal security, ensuring the seamless distribution of assets and preserving your family's wishes for generations to come. By acknowledging the significance of will-making and initiating the process early on, NRIs can secure a peaceful future, free from unnecessary hassles and uncertainties. Remember, creating a will is not just a legal formality; it is a thoughtful act of care and consideration for your loved ones, providing them with the comfort and assurance they need during challenging times.

 

The author is a Chartered Accountant and former EY employee, serves as the Chief Consultant of the NRI Desk and Influencer Desk at AKT Associates. He specializes in offering consultancy services tailored for NRIs and is dedicated to creating educational content to raise awareness within the NRI community.

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CA Arun Tiwari
(Partner)
Category LAW   Report

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