One Will or two? What NRIs with assets in India and Singapore need to know

These are some of the issues that can make estate administration complicated for families. Kawal Pal Singh, Managing Partner at Tito Isaac & Co LLP, Singapore, shares his views on what individuals with assets in India and Singapore should consider when planning their estates.

Why is one Will often not enough for someone with assets in both India and Singapore?

"A single Will may be legally valid across borders but that does not necessarily make estate administration straightforward. India and Singapore have different probate procedures and requirements for transferring assets. Having separate, carefully coordinated Wills can simplify matters considerably, allowing families to administer assets in each country more efficiently and with fewer complications."

Does a Singapore Will cover assets in India, and what should people keep in mind about the Indian side?

If someone makes two Wills, how can they make sure the second does not cancel the first?

"This is where careful drafting becomes critical. Each Will should expressly identify the assets and jurisdiction it covers, while making clear that it does not revoke the other country's Will. A poorly drafted revocation clause can unintentionally invalidate earlier arrangements. Ideally, Singapore and Indian lawyers should coordinate both documents before either is signed."

Why does the choice of executor matter when the family and the assets are in two countries?

"An executor does considerably more than distribute assets. They must deal with banks, lawyers, courts and beneficiaries, sometimes across different time zones and legal systems. For India-Singapore estates, I recommend appointing someone reliable on the ground of each country who can be organised and can coordinate matters in the respective countries, with suitable substitute executors identified should the first appointment fail."

What do families usually need to claim money held in the other country?

"Typically, families will need the death certificate, relevant Will, identification documents, details of the deceased's assets and where required, a Grant of Probate or Letters of Administration. Singapore banks may require a locally recognised grant before releasing funds. Documentation issued in India may also require certification and further legal steps (for example a resealing of Indian court document in the Singapore Courts) before it can be relied upon in Singapore."

What are the common reasons for delays between India and Singapore?

"In my experience, the biggest difficulties arise from incomplete asset records, conflicting Wills, uncertainty over executors and misunderstandings about foreign probate documents. Families often discover too late that obtaining a grant in India does not automatically unlock assets in Singapore. Proper coordination between lawyers in both jurisdictions can prevent unnecessary delays and additional expenses."

What is one practical tip for NRIs with assets in both countries?

"My advice is simple. Plan for your family's practical difficulties, not merely the legal validity of your Will. Maintain an updated inventory of assets in India and Singapore, identify trustworthy executors and have your estate documents reviewed by lawyers familiar with both jurisdictions. Good estate planning is ultimately about making life easier for those you leave behind."

India-Singapore DTAA: What should NRIs know?

For individuals with assets in India and Singapore, estate planning also involves understanding the tax implications of inherited assets.

The India-Singapore Double Taxation Avoidance Agreement (DTAA) addresses situations where the same income may be taxable in both countries. However, it does not govern inheritance, the validity of Wills or probate procedures.

Inheriting property is different from earning rental income from it or selling it later. Rental income, interest, dividends and capital gains may attract tax depending on the asset, the individual's tax residency and applicable tax laws.

India does not currently impose a general inheritance tax, while Singapore abolished estate duty for deaths occurring on or after 15 February 2008. However, income or gains arising from inherited assets may still be taxable.