The Global Will: Protecting your assets in the UK and India

If you own a house in London and an ancestral plot in Punjab, a single UK Will might not be enough to protect your legacy. Many NRIs assume that a Will drafted in the UK automatically covers their Indian assets. While Indian courts do recognise foreign Wills, the process of proving them is a nightmare that can last for years.

At Indian Attorneys (UK), we recommend a more robust strategy for 2026. You need to ensure your family isn't left navigating two different legal systems at once.

The two-Will strategy

The most efficient way to manage a cross-border estate is to have two separate Wills. One Will should deal exclusively with your UK assets, like your family home and UK bank accounts. The second should deal specifically with your Indian property and NRE accounts.

By having an Indian Will, your executors can apply for probate in India immediately without waiting for the UK courts to finish their process. This prevents your Indian property from being locked in a legal vacuum for months. Each Will must specifically mention that it only applies to assets in that particular country so they don't contradict or revoke each other.

The 2026 inheritance tax trap

Inheritance tax is one of the biggest risks to an NRI's estate. In 2026, the UK government has become stricter about domicile rules. Even if you have lived in the UK for decades, HMRC may argue you're still domiciled in India to claim tax on your global assets.

Currently, India does not have an inheritance tax, but the UK certainly does. If you're considered a deemed domicile of the UK, typically after living here for 15 out of the last 20 years, HMRC can claim 40% tax on your worldwide estate. This includes your properties in India. Proper estate planning in 2026 requires looking at your domicile status today instead of waiting until it's too late.

Registering your Will in India

In the UK, Wills are rarely registered, but doing so in India is a massive advantage. While registration is not mandatory, it carries a high level of authority in Indian courts.

A registered Will is much harder to challenge on the grounds of fraud or someone exerting undue influence. You can register your Indian Will at the Sub-Registrar's office during a visit to India. If you can't travel, you can execute it at the Indian High Commission in London, but a locally registered document in India remains the best option for property transfers.

The role of nominations

Many NRIs rely on nominations in their Indian bank accounts or housing societies. They think this is the same as a Will, but it isn't. In Indian law, a nominee is merely a trustee who holds the asset until the legal heirs are identified.

A nominee doesn't necessarily own the money or the property. They're legally bound to hand it over to the person named in your Will. To avoid family disputes, make sure your Will and your bank nominations are perfectly aligned.

Modern digital assets

Don't forget your digital legacy. In 2026, your Global Will should include a digital asset memorandum. This covers access to your crypto wallets, online trading accounts, and even high-value social media accounts. These assets often fall through the cracks because they don't have a physical location or a traditional deed.