⚠ Plan before a family event — not after.
Wills · Inheritance · Property · FEMA · Repatriation

Succession and estate planning for NRIs, OCIs, and global Indian families

Plan how your India and overseas assets will pass to the next generation with clear wills, inheritance strategies, FEMA-compliant structures, and repatriation plans — so your family doesn't discover complexity during a crisis.

Indian succession runs on personal law (Hindu, Muslim, Christian) and the testamentary will, not on overseas estate plans. India levies no inheritance or estate tax today, but inherited assets generate later income and capital-gains tax. NRI heirs must hold via NRO, follow FEMA repatriation rules, and often need an India-specific will alongside any overseas will.

Last reviewed: June 2026 · Updated for AY 2026-27

From the author of NRI Tax Blueprint 2025

Regi Tom Antony, FCA — a practicing Chartered Accountant who advises NRIs, OCIs and returning founders on the same questions every week. Every page here is drawn from the book and live engagements, not stock copy.

About the author
Why it's different

Why NRI succession planning is different.

For NRIs and OCI card holders, succession is rarely just "writing a will." It is about aligning India assets, overseas assets, residency, tax rules, FEMA, documentation, and family expectations across at least two countries. A property in India, accounts in multiple jurisdictions, children abroad, and parents in India mean that a simple domestic will approach is usually not enough.

Without a plan, families often discover: frozen bank accounts; inheritance paperwork that doesn't match reality; trouble repatriating inherited funds; or foreign estate and inheritance taxes they never expected.

This service is designed to help you think through those issues BEFORE a family event, not after.

Who it's for

Who should consider NRI succession and estate planning.

NRIs and OCIs with property, investments, or bank balances in India.

Global Indian families with assets in India plus one or more overseas countries.

Parents whose children live abroad and will inherit India assets.

Adults abroad who will inherit from parents or relatives in India.

NRI founders or business owners with India and overseas entities.

Returning Indians who want to tidy up both Indian and overseas succession before or after their move.

If your family's wealth touches more than one jurisdiction, treat succession as a cross-border planning exercise, not a single-country task.

What we cover

What NRI succession & estate planning covers.

01

Family net-worth mapping

A structured inventory of assets and liabilities across India and overseas: property, bank accounts, investments, insurance, and business interests.

02

India and overseas wills

Whether you need one will, separate India and overseas wills, or a more nuanced arrangement, and how they align in content and structure.

03

India inheritance and probate readiness

Title, nomination, and documentation so heirs are not blocked at the first step when they need funds most.

04

Inherited property planning

How property in India will pass, who should inherit it, and how future sale and repatriation will work for heirs.

05

FEMA and banking structure for heirs

How heirs who are NRIs or foreign residents can receive and hold India assets, and what structure simplifies later repatriation.

06

Repatriation strategy for heirs

Planning how the family can legally move inherited funds overseas: account choices, documentation, and sequencing with tax.

07

Cross-border tax and estate risk review

Where foreign estate or inheritance tax exposure may arise and what options reduce surprise.

08

Trusts and family governance (where relevant)

For complex families or significant wealth, whether trust structures or governance mechanisms should be considered.

How we work

How our succession planning process works.

01

Discovery and goal-setting

Understand family structure, residency, assets, liabilities, existing wills, and what you want across generations.

02

Asset and structure mapping

Map India and overseas assets to specific family members, check nominations and ownership, identify gaps or conflicts.

03

Risk and friction review

Identify legal, tax, FEMA, documentation, and practical risks for heirs — especially property, business interests, large bank balances.

04

Succession pathway design

Clear pathways for each asset: which heir(s), by what mechanism (will, nomination, joint holding, trust, sale), and what steps are needed now.

05

Implementation support and coordination

Work with you (and your legal professionals where needed) to align wills, nominations, account structures, and property documentation.

06

Repatriation and FEMA overlay

For heirs abroad, overlay FEMA and repatriation planning so the family knows how money can move out of India.

07

Periodic review

Major life events, moves, and asset changes trigger a review; the plan is revisited as circumstances evolve.

Common traps

Common succession problems for NRIs and global Indian families.

No clear will covering India assets

India property and accounts left to "sort themselves out," leading to delays and disputes when documentation is needed.

India-only wills for global families

A will built only with India in mind, ignoring overseas assets, foreign estate/inheritance tax, or conflicts between different countries' rules.

Property passed but not prepared

Children abroad inherit Indian property with unclear title/shareholding, hard to manage from overseas, and hard to sell and repatriate without local support.

Banking structures that don't match reality

Nominations, joint accounts and actual ownership misaligned, creating conflicts between what the will says and what banks will do.

Unplanned FEMA and repatriation issues

Heirs discover after the event that moving money out of India requires documentation and timing they cannot easily produce.

Business or professional interests with no succession plan

Founders and professionals leave value tied up in firms, shares or practices without a clear plan for succession or exit.

Deliverables

What you walk away with.

  • A written overview of your current family and asset situation from a succession standpoint.

  • A succession pathway map showing how key assets are intended to move and what needs to be aligned now.

  • A list of implementation actions: will updates, nominations, account changes, documentation, and any necessary professional sign-offs.

  • A FEMA and repatriation lens for heirs living abroad.

  • A recommended review rhythm so your plan stays current.

For more complex cases, there may also be: coordination with legal professionals for will/trust drafting; liaison with local professionals for property/title work; and linkages to wider business and tax planning as needed.

Free download

NRI Succession & Estate Planning Checklist 2026

A step-by-step checklist for global Indian families — wills for India vs overseas assets, nominations vs legal heirs, FEMA and banking structure for heirs, inherited-property readiness, and a repatriation lens — in one document.

  • India vs overseas will alignment
  • Nominee, joint-holding and title checks
  • FEMA & banking structure for heirs
  • Repatriation readiness for inherited assets
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Prefer not to wait? Download the checklist (PDF).

When to act

Signs you should start now.

You probably shouldn't wait if:

  • You are over 40 and have meaningful assets in India and overseas.
  • Your children or key heirs live abroad and will inherit India assets.
  • Your parents in India hold property or investments you are likely to inherit.
  • You have bought or inherited property in India while living abroad.
  • You have recently had a major life event — marriage, divorce, birth of a child, business sale, or migration.
  • You have a will drafted many years ago and your life has changed since.

Succession planning is easier and more effective when started early. Waiting until health issues or crises appear reduces your options and increases stress for your family.

Succession planning FAQs

Answered, candidly.

Do I need a separate will for India if I already have a will overseas?
Often, yes. Many families benefit from an India-focused will that deals specifically with assets located in India, aligned carefully with any overseas wills. The right structure depends on where you live, what you own, and how your existing will is drafted.
Is there inheritance or estate tax in India right now?
At present, India does not levy a formal inheritance or estate tax, but inherited assets can still lead to income or capital gains tax later, and foreign countries may have their own estate or inheritance tax rules.
What if my heirs are all living outside India?
Then succession planning needs an additional FEMA and repatriation layer. It's not enough to say "they inherit"; you also need to think about how they will hold, manage, or exit India assets from abroad.
Can I do this with just a standard will template?
A generic template rarely accounts for cross-border issues, multiple jurisdictions, FEMA, repatriation, or complex asset structures. It may be a starting point but is usually not sufficient for a global family.
How long does a succession planning engagement take?
For straightforward situations, the initial planning and recommendations can often be completed in a few weeks once information is available. Complex cases involving multiple countries, properties, or entities can take longer and may proceed in phases.
Can you help if we already have inherited property or funds but are stuck?
Yes. Succession planning for such families often starts with cleanup: understanding what has already happened, mapping title and documentation, and then planning exits or regularisation.

Plan your succession before your family has to improvise it

A well-structured succession plan does not remove grief, but it does remove many of the avoidable financial, legal, and administrative shocks that global Indian families experience. If your assets, heirs, or life path touch more than one country, now is the time to design the plan — not when someone is already gone.

Book the call

Ready to plan? Book a strategy call with Regi.

A 45-minute working session that ends with a written next-step plan.

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