Wills and Estates Lawyer Surrey: Expert Estate Planning for Indian, NRI & OCI Clients

For individuals of Indian origin, Overseas Citizen of India (OCI) cardholders, and Non-Resident Indians (NRIs) living in Canada—especially in cities like Surrey, Vancouver, Toronto, Calgary, Alberta, Quebec, Winnipeg, and Ottawa—estate planning can be a complex legal process. Assets often span across both India and Canada, requiring a comprehensive understanding of the laws in both countries. A dedicated wills and estates lawyer Surrey can provide customised legal solutions to ensure your wealth is preserved and your legacy protected, no matter where your family resides.

Understanding the Estate Planning Hurdles for NRIs with Help from a Wills and Estates Lawyer Surrey

NRIs must manage a range of legal and financial concerns when it comes to estate planning, including jurisdictional conflicts, inheritance laws based on religion, and compliance with the Foreign Exchange Management Act (FEMA). A qualified estate planning lawyer in Surrey can navigate these complexities, helping clients draft a plan that covers all assets in Canada and India.

Case Example: An OCI cardholder in Surrey, owns a house in Vancouver, an investment portfolio in Canada, and agricultural land in Punjab. Without a clear estate plan, his heirs could face complications under both Canadian and Indian inheritance laws, which vary based on his religious background. A knowledgeable wills and estates lawyer ensures such situations are managed effectively and legally.

1. Understanding Indian Inheritance Laws for NRIs

Indian succession laws differ by religion:

Hindus, Sikhs, Jains, and Buddhists: Governed by the Hindu Succession Act, 1956.
Christians, Parsis, and Jews: Covered under the Indian Succession Act, 1925.
Muslims: Follow Muslim Personal Law (Sharia), which typically limits wills to one-third of the estate.

A wills and estates lawyer in Surrey with NRI expertise can ensure that your will respects these laws while remaining enforceable in Canada.

2. Cross-Border Estate Planning and FEMA Compliance

Section 5 of the Indian Succession Act, 1925, is key:

Immovable property in India: Governed by Indian laws, regardless of where the deceased lived.
Movable property: Governed by the law of the deceased’s country of domicile at the time of death.

For NRIs domiciled in Canada, movable assets in India fall under Canadian laws, while immovable property must adhere to Indian inheritance laws. A Surrey-based estate lawyer familiar with both systems ensures no legal loopholes are left open.

Under FEMA, NRIs can inherit any type of property in India without prior approval from the Reserve Bank of India (RBI), but must report the inheritance. Repatriation of proceeds from property sales is capped at USD 1 million per financial year, subject to tax clearance.

3. Practical Legal Strategies for NRIs

Multiple Wills: It is often beneficial to maintain separate wills—one for Canadian assets and one for Indian properties—to avoid legal disputes and ensure local compliance.
Power of Attorney: Assigning a trusted PoA in India enables easier management of properties, tax filings, and legal paperwork.
Succession Certificate: Required for claiming movable assets when a person dies intestate in India. A lawyer in Surrey can guide you through the process in collaboration with legal counsel in India.
Tax Considerations: India has no inheritance tax, but income from inherited assets and capital gains from sales are taxable. Cross-border tax planning, especially leveraging DTAA (Double Taxation Avoidance Agreement), is essential.

4. Why Choose a Surrey-Based Wills and Estates Lawyer for NRIs

Canadian Legal Expertise: Knowledge of provincial succession laws such as British Columbia’s Wills, Estates and Succession Act.
Cultural Understanding: Sensitivity to Indian family dynamics and traditions.
Cross-Border Coordination: Liaising with Indian legal teams to ensure a smooth and compliant estate administration process.

Top 5 FAQs for NRIs & OCIs on Wills and Estate Planning

1. Should my parents in India transfer property via Gift Deed or Will?

A Gift Deed provides immediate ownership, is irrevocable once registered, and may incur stamp duty. A Will transfers property post-demise, is revocable, and offers more flexibility. While both are valid, a Will is generally more suited to long-term planning. Consult a lawyer to evaluate legal and tax implications in both India and Canada.

2. My OCI uncle in Vancouver died without a Will in India. How do I claim his bank assets in India?

Apply for a Succession Certificate from the District Court in India. Provide proof of relationship, death certificate, and asset details. You can assign a Power of Attorney to a trusted individual or lawyer in India. A Surrey-based lawyer can assist with documentation and coordination.

3. I own assets in Calgary and India. Do I need separate Wills?

Yes. One Will for Canadian assets and another for Indian assets avoids jurisdictional conflict. Ensure both Wills are harmonised to prevent overlap or contradiction.

4. We inherited agricultural land in India while living in Winnipeg. Can we keep or sell it?

NRIs can inherit agricultural land but cannot purchase it. It must be used only for agricultural purposes and can only be sold to a resident Indian. Report the inheritance to the RBI.

5. What taxes apply if I inherit and sell property in India while living in Ottawa?

There’s no inheritance tax in India, but rental income and capital gains from sales are taxable. Long-term gains (after 24 months) are taxed at 20% with indexation. Repatriation is capped at USD 1 million/year and requires compliance with RBI rules and tax clearances like Form 15CA/15CB.

Conclusion

Estate planning for NRIs and Indian-origin individuals in Canada is not a one-size-fits-all process. It requires legal coordination between Canadian and Indian jurisdictions, an understanding of cross-border tax laws, and awareness of religious and regional inheritance rules. By working with an experienced wills and estates lawyer in Surrey, NRIs and OCIs can ensure their legacy is preserved and their families are protected across borders.

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.

Wills and Estate Lawyers in Surrey for NRIs and OCIs