How to use this format
What follows is an educational example, not a completed legal document to sign as-is. The bracketed placeholders are there deliberately: a will only works when the details are yours and the asset descriptions are precise enough for a bank or sub-registrar to act on.
Read the revocation section twice
If you already have a will in the country where you live, section 2 is the clause that decides whether your India will sits beside it or wipes it out.
The nine sections of an NRI will
1. Declaration
I, [full legal name], son/daughter of [parent's name], aged [age] years, currently residing at [overseas address], holding Indian passport / OCI card number [number], declare this to be my last will and testament in respect of my assets situated in India. I am of sound mind and am making this will voluntarily, free from coercion or undue influence.
What this section does. Identifies you beyond doubt and states that the document is intended as your will.
Why it matters. Identity and capacity are the first things a challenger attacks. Passport or OCI details, parentage and a current address make you identifiable across two countries.
2. Revocation
I revoke all previous wills and codicils made by me in respect of my assets situated in India. This will does not revoke, and shall not be construed as revoking, any will made by me dealing with assets situated outside India.
What this section does. Cancels earlier Indian wills, and only earlier Indian wills.
Why it matters. An unqualified revocation clause is the most common way NRIs accidentally cancel their US, UK or UAE will. The scoping sentence is the whole point.
3. Family information
I am married to [spouse's full name]. I have [number] children, namely [names and dates of birth]. [Any other dependants.]
What this section does. Sets out who your immediate family is.
Why it matters. Shows you had your family in mind when making the will, which pre-empts a claim that someone was forgotten rather than deliberately omitted.
4. Appointment of executor
I appoint [name, relationship, address] as the executor of this will. If they are unable or unwilling to act, I appoint [alternate name, relationship, address] as alternate executor.
What this section does. Names the person who will collect your Indian assets and distribute them.
Why it matters. Without a named executor the family must ask a court to appoint an administrator. An alternate covers the case where the first choice cannot act.
5. Specific bequests
I bequeath my flat bearing number [flat], in [building], situated at [full address], sub-registrar district [district], to [beneficiary full name, relationship] absolutely. I bequeath the balance in my savings account ending [last four digits] held with [bank], [branch], to [beneficiary] absolutely.
What this section does. Gives named assets to named people.
Why it matters. Precision is everything. Identify property by address and survey or flat number, accounts by bank, branch and last digits, holdings by folio or client ID. A bank cannot act on 'my savings in India'.
6. Residuary estate
All the remainder of my assets situated in India, of whatever nature and wherever situated in India, not otherwise disposed of by this will, I bequeath to [beneficiary] absolutely. [If dividing: in the following shares — X% to A, Y% to B.]
What this section does. Catches everything not specifically listed.
Why it matters. Accounts opened after signing, refunds, jewellery nobody remembered. Without this clause those items are distributed under succession rules rather than your wishes.
7. Guardianship (if you have minor children)
If my children are minors at the time of my death, I appoint [name, relationship] as guardian of their person and property, and direct that any share due to a minor be held and applied for their benefit until they attain the age of [age].
What this section does. Names who looks after minor children and their inheritance.
Why it matters. Otherwise a court decides, without knowing your preference.
8. Signature
Signed by me, [full name], on this [day] day of [month], [year], at [city, country], in the presence of the two witnesses named below, who signed in my presence.
What this section does. Your signature, dated and placed.
Why it matters. The date establishes which will is the latest. The location and the reference to both witnesses record that the signing formalities were followed.
9. Witness attestation
Signed by the testator in our joint presence, and by us in the presence of the testator. Witness 1: [full name, address, signature, date]. Witness 2: [full name, address, signature, date].
What this section does. Two witnesses confirm they saw you sign and signed in front of you.
Why it matters. This is the legal core of execution. Full addresses matter because a witness may have to be located years later. Never use a beneficiary or a beneficiary's spouse.
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Create my India WillFrequently asked questions
- Can I copy this sample and use it as my will?
- It is written as a teaching example, not a finished document. The wording here shows what each section is for; your own will needs your assets, your beneficiaries and correctly scoped revocation language.
- Does an Indian will need to be typed?
- A will can be handwritten or typed. Typed is easier to read years later, and legibility matters when a bank or court is examining the document.
- What must appear at the end of the will?
- Your signature and the date, followed by an attestation block signed by two witnesses who saw you sign, with their full names and addresses.