If you live in Switzerland, we recommend an Indian will limited to your Indian assets, drafted to work with your Swiss estate plan. It can be signed in Switzerland before two witnesses, and optionally notarised and apostilled to help prove it later. Indian immovable property passes under Indian law. In Mumbai, Chennai and Kolkata, and for wills made there, probate may be needed; elsewhere banks and registrars often still ask for probate or a succession certificate.
- Document route
- Swiss notary, then apostille from the cantonal State Chancellery
- Time difference
- India is 3h30 (summer) to 4h30 (winter) ahead
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Switzerland: how it works
We list your Indian assets, check how each is held, and confirm nominations on bank accounts and demat holdings. The Indian will names an executor in India and states clearly that it covers only Indian assets, so it does not revoke your Swiss will. Under the Indian Succession Act 1925 a will must be signed by the testator and attested by two witnesses; registration in India is optional. Signing in Switzerland before a notary adds proof of execution, which helps if a relative challenges the will later.
On death, the executor applies for probate in the competent court in India where required, or uses the will directly where accepted. Probate in a contested case can take years; uncontested matters are faster. Your Swiss heirs will need apostilled death certificates and identity documents. Coordinating with your Swiss notary matters, because the Swiss estate process and Swiss compulsory shares, reduced in 2023, apply to Swiss assets, while Indian law governs the Indian flat.
What clients in Switzerland should know
- A Swiss resident may in some cases choose the law of their nationality for succession; the Indian and Swiss advisers should agree on what that choice covers.
- Hindu, Muslim and Christian testators are subject to different rules on what can be willed; Muslims are generally limited to one third without heirs' consent.
- Inheritances are not taxed in India, but later sale of inherited property creates capital gains for the heir.
Step by step from Switzerland
Video consultation
A call at a time that suits Switzerland, after we have read your documents.
Documents signed in Switzerland
Swiss notary, then apostille from the cantonal State Chancellery
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 Switzerland where needed.
The full guide
This page covers what changes when you are in Switzerland. 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 Switzerland and the Inheritance & Documents practice area.
Questions from clients in Switzerland
Can my Swiss notary draft my Indian will?
A Swiss notary can witness and certify your signature, but the drafting should be done by an Indian lawyer to suit Indian law and practice.
Does an Indian will need to be registered?
No. Registration is optional but useful as evidence of execution.
Can my heirs in Switzerland handle probate without travelling?
Mostly yes, through an attorney holder and lawyer, with evidence of execution given by witnesses or by video where allowed.