A will covering property in India can be signed in Denmark if it follows the Indian Succession Act 1925: signed by you and attested by two witnesses who see you sign. It does not need registration, though registration in India is possible. Immovable property in India passes under Indian law. Probate is compulsory only for certain wills, mainly those concerning property in Mumbai, Kolkata and Chennai. Elsewhere, heirs usually rely on the will for mutation and bank transfers.
- Document route
- District court notary, then Danish MFA apostille
- Time difference
- IST is 3.5 to 4.5 hours ahead
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Denmark: how it works
We draft an India-only will that sits alongside any Danish will without contradicting it. The Indian will should state that it covers assets in India only, so it does not revoke your Danish arrangements, and your Danish adviser should confirm the Danish will is worded the same way. Signing in Denmark is simple: you sign in front of two adult witnesses who are not beneficiaries, and they sign in your presence. Notarisation is not required for validity, but a notarised and apostilled affidavit from the witnesses can make later proof easier if they cannot travel to India.
When the time comes, your executor or heirs present the will to the bank, registrar or revenue office in India, or apply for probate or letters of administration where required. A contested will leads to a court case in which witnesses may have to give evidence, by video if they live in Denmark. Watch for joint accounts and nominations, which do not by themselves defeat a will, and for ancestral property, which you may not be able to will away in full.
What clients in Denmark should know
- Danish law has forced heirship rules for Danish estates; an Indian will cannot override them for Danish assets, but Indian immovable property follows Indian law.
- Danish estate tax (boafgift) may apply to your worldwide estate if you die domiciled in Denmark; take Danish tax advice alongside the Indian will.
- Keep the signed original somewhere your executor can reach, and send us a scanned copy so we can act quickly when needed.
Step by step from Denmark
Video consultation
A call at a time that suits Denmark, after we have read your documents.
Documents signed in Denmark
District court notary, then Danish MFA apostille
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 Denmark where needed.
The full guide
This page covers what changes when you are in Denmark. 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 Denmark and the Inheritance & Documents practice area.
Questions from clients in Denmark
Can my Danish friends be witnesses?
Yes, any competent adult who sees you sign can witness. Choose people who can be found later and who do not benefit under the will.
Should I register the will in India?
It is optional. Registration makes the will harder to challenge as forged, but you would need to attend or act through an attorney. Many clients in Denmark choose not to register.
Will my heirs need probate?
Only for certain properties, mainly in Mumbai, Kolkata and Chennai, or if a bank or registrar insists. Elsewhere mutation and transfers can often proceed on the will itself.