Need a Will Lawyer Canberra? Estate Solutions for Indians

For Indian immigrants, Overseas Citizens of India (OCI) cardholders, and Non-Resident Indians (NRIs) in Australia, planning for the future of assets is crucial. Whether you own property in Australia, India, or both, a legally sound Will is essential. If you’re looking for a will lawyer Canberra who understands estate planning for Indians, this article provides key insights. We recognise the need for estate lawyers in Canberra who can offer customised solutions, considering both Australian and Indian legal frameworks.

Why Engage a Will Lawyer Canberra with Expertise in Indian Estate Matters?

Many Indians and NRIs in Canberra have assets in India, like ancestral property or investments. Australian law governs assets in Australia, while inheritance in India is subject to Indian Succession Laws. A will lawyer in Canberra, familiar with Indian legal principles, can guide you in drafting a Will. They can also help you navigate the need for a separate Will in India.

For example, an NRI in Perth wanting to leave an apartment in India to their niece may need a separate Will for the Indian property. While an Australian Will can cover global assets, its enforceability in India will depend on Indian law. Legal procedures like probate or a Succession Certificate might be necessary under the Indian Succession Act. A skilled will lawyer in Canberra can help you structure your Will to minimise legal hurdles.

1. Estate Planning Solutions for NRIs by a Will Lawyer in Canberra

A competent will lawyer in Canberra offers various estate planning services for the Indian diaspora, including:

Drafting Wills for Indian Assets: Lawyers will draft a Will in Australia that accounts for assets in India. They’ll advise on clauses that are enforceable in India or suggest a separate Will for Indian assets.
Advice on Indian Succession Laws: You’ll receive guidance on Indian laws like the Indian Succession Act, Hindu Succession Act, and Muslim Personal Law. These laws affect how your assets are distributed in India.
Cross-Border Legal Implications: A will lawyer in Canberra can highlight jurisdiction issues, the need for probate in both countries, and recognition of foreign Wills in India under Section 270 of the Indian Succession Act.
Power of Attorney for Estate Matters in India: If someone in India needs to manage your assets after your death, a will lawyer in Canberra can help draft a Power of Attorney that complies with Indian law.
Minimising Estate Disputes: Lawyers can help avoid disputes by using clear language in your Will, ensuring that your assets are distributed according to your wishes in both countries.

2. Steps to Take When Seeking a Will Lawyer Canberra for Indian Estate Matters

If you’re an Indian immigrant or NRI in Canberra, follow these steps to seek estate planning solutions:

Seek a Specialist: Look for a will lawyer in Canberra with experience in international estate planning, especially for clients with assets in India.
Provide Full Disclosure: Share details about all your assets in both Australia and India, and provide information about your family and beneficiaries.
Discuss Your Wishes: Be clear about how you want your assets distributed, considering the legal implications in both countries.
Inquire About Cross-Border Procedures: Ask the lawyer about the process for enforcing your Will in India and any legal challenges that might arise.
Review and Understand: Carefully review your Will before signing to ensure you understand how it will impact your assets in both countries.

FAQs Related to Estate Planning for NRIs

Will an Australian Will be valid for my property in India?

While an Australian Will can cover global assets, its enforceability for immovable property in India depends on Indian law. You may need probate in India or a separate Will for Indian assets.

Do I need to pay inheritance tax in India on inherited property as an NRI?

Currently, India doesn’t have inheritance tax. However, tax implications may arise from income generated by inherited property. A will lawyer in Canberra can provide more details.

What is the process of obtaining probate in India based on a Will executed in Canberra?

To obtain probate in India, you must file an application in the relevant court, providing a certified copy of the Australian Will. The court will assess the Will under Indian law. A law firm in Canberra can assist with this.

Can I gift my property in India to my children while living in Sydney?

Yes, you can gift property in India. However, it must comply with Indian transfer laws. A gift deed may be necessary, and a will lawyer in Canberra can advise on the process.

What happens to my Indian assets if I die without a Will?

Without a Will, Indian assets will be distributed according to Indian Succession Laws. This can lead to complications. A will lawyer in Canberra can help you create a Will to ensure your wishes are followed.

Outlook

Estate planning is essential for Indian immigrants in Australia. A will lawyer in Canberra can provide solutions that ensure your assets are managed according to your wishes in both Australia and India.

Conclusion

Engaging a skilled will lawyer in Canberra is crucial for Indian immigrants and NRIs planning for their future. They can guide you through the complexities of both Australian and Indian inheritance laws, ensuring your assets are distributed smoothly according to your wishes.

About LawCrust

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

Will Lawyers in Canberra: Estate Planning Solutions for NRIs and Indians