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Is a will made in India legally acceptable in UK


26-Apr-2023 (In Wills / Trusts Law)
Hi, Is a will drawn in India legally acceptable in the UK or do I have to get a will/probate separately done in the UK.. My father in law died intestate and has some stocks in while he served overseas. Pls advise.
Answers (3)

Answer #1
729 votes
Dear Querist, Whether your will is registered or not?? Under Indian Laws there is no compulsory or mandatory registration of Will. It will be advisable to get the Will probated from High Court or Civil Court under whose jurisdiction your father resided.
In that way the Will is certified from a competent court and would be effective everywhere.

Please feel free to call us for any further queries.

Regards,
Rakesh V. Misar

Answer #2
655 votes
If your father in law is Indian Citizen, then it is not legally acceptable in the UK, and if he is a UK citizen, then it is legally acceptable in UK, then if you have get it probate done for the will.
Answer #3
666 votes
This is my response:
1. You can make a single Will in your country of residence and an ancillary probate in the country where the property is situated. However, there could be challenges;

2. A Will for the Indian properties should be made separately and should never be clubbed with the properties overseas;

3. Therefore make sure you make two Wills. This will be much better and avoid confusion for both the courts. But make a provision in both the Wills that, there are two wills and not more than that.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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