A UK resident with Indian property should make a will that works under Indian law, which governs succession to immovable property in India. It can be signed in the UK before two witnesses. When an English grant of probate already exists, the Indian court can issue letters of administration with the will annexed under section 228 of the Indian Succession Act, which avoids proving the will again in India.
- Document route
- UK notary public, then FCDO apostille
- Time difference
- IST is 4h30 (BST) to 5h30 (GMT) ahead
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from the UK: how it works
We review your English will and draft either a separate India will or a coordinating clause, so the English will deals with UK assets and the Indian will with Indian ones without one revoking the other. Executors should be people who can act in India or appoint an attorney there. You sign before two independent witnesses in the UK; we provide a witness affidavit for notarisation and FCDO apostille, which helps if witnesses later move or die.
After a death, we obtain a sealed and certified copy of the English grant and file for section 228 letters in the appropriate Indian court, usually where the property is situated. If there is no English grant or the will is only for India, the Indian court can probate it directly. Objectors in India can contest the will, and we deal with evidence by video. Once a grant is issued, we move on to mutation and transfer of each asset.
What clients in the UK should know
- UK inheritance tax may now apply to worldwide assets of long-term UK residents, so Indian property belongs in your UK estate planning.
- A gift clause in an English will that ignores Hindu Succession Act rules on coparcenary property can be challenged in India.
- Section 228 letters based on an English grant are usually faster than proving the will afresh, but still require notice to heirs.
Step by step from the UK
Video consultation
A call at a time that suits the UK, after we have read your documents.
Documents signed in the UK
UK notary public, then FCDO 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 the UK where needed.
The full guide
This page covers what changes when you are in the UK. 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 the UK and the Inheritance & Documents practice area.
Questions from clients in the UK
Is my English will valid for Indian property?
It can be formally valid, but administering it in India may require an Indian grant. A separate Indian will avoids complications.
Can I make an Indian will in London?
Yes. Sign it before two witnesses who are not beneficiaries; registration in India is optional.
What is section 228?
It allows an Indian court to grant letters of administration based on a will already proved abroad, using an authenticated copy of the foreign grant.