Someone living in Australia can make a will for Indian assets without travelling, signed before two witnesses in Australia and optionally registered in India. If a family already holds an Australian grant of probate, the Indian Succession Act lets an Indian court issue letters of administration with an authenticated copy of the foreign will and grant annexed. Probate in India is compulsory only in some cases, such as Hindu wills dealing with immovable property in Mumbai, Chennai or Kolkata.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Australia: how it works
For people planning ahead, we usually recommend a separate Indian will limited to Indian assets, with careful wording so that it does not revoke your Australian will by accident. You sign it in Australia before two adult witnesses who are not beneficiaries; notarisation and a DFAT apostille are optional but help prove execution later. The will names an executor who can act in India. For Muslim testators, Indian law limits bequests to one third of the estate without the heirs' consent, and we draft within that rule.
Where the testator has died with only an Australian will, the executor or a beneficiary obtains an apostilled, certified copy of the will and the Australian grant from the state Supreme Court's probate registry. We then file a petition in the appropriate Indian court for letters of administration with the will annexed, or a probate petition where the Indian will exists. Notice goes to relatives, objections, if any, are heard, and court fees are paid at the state's rate. Once the grant is issued, banks, housing societies and registrars transfer the assets.
What clients in Australia should know
- Australian superannuation is not part of the will in the usual way and passes under binding nominations, so the Indian will should not attempt to deal with it.
- An Australian will that says it revokes all earlier wills can unintentionally cancel an Indian will, so both documents need matching revocation clauses.
- Indian assets inherited by an Australian resident are not taxed as income in India on receipt, but later sale gains are taxed in India and may also be assessable in Australia.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Wills & Probate, or see all services for clients in Australia and the Inheritance & Documents practice area.
Questions from clients in Australia
Can my Australian will cover my Indian property?
It can, but Indian officials may then insist on a grant through an Indian court, and the drafting may not suit Indian law. A separate Indian will is usually simpler.
Can we use the Australian grant of probate directly in India?
Not as such. An Indian court issues letters of administration based on the authenticated Australian grant and will, after which the Indian assets can be transferred.
Who can be executor of my Indian will?
Any adult you trust, in India or Australia. An executor living in India makes dealings with banks and registrars easier.