How to Write a Will in Bangladesh (Step-by-Step Guide)

Writing a will is crucial to ensure your assets are distributed according to your wishes after death. In Bangladesh, inheritance laws are influenced by Islamic Sharia for Muslims​ and ​civil laws for non-Muslims, making the process unique. A ​2023 Bangladesh Law Commission report​ found that ​only 8% of Bangladeshis​ have a valid will, leading to prolonged family disputes over property.

This guide explains how to draft a legally valid will in Bangladesh, covering Islamic inheritance rules, legal requirements, and practical tips to avoid common mistakes.

Why You Need a Will in Bangladesh​

1. Avoid Family Disputes​

• Without a will, assets are distributed as per default inheritance laws, which may not reflect your wishes.
• Dhaka District Court data​ shows ​65% of inheritance cases​ involve families without a will.

2. Protect Non-Heirs​

• Under Islamic law, non-relatives (e.g., friends, adopted children) cannot inherit​ unless specified in a will (up to ​1/3 of the estate).
• Non-Muslims (Hindus, Christians) follow the Succession Act 1925, which allows more flexibility.

3. Simplify Legal Processes​

• A will speeds up property transfer, avoiding probate delays​ (which can take ​2+ years).

Legal Requirements for a Valid Will in Bangladesh​

1. Who Can Make a Will?​

• Age: Must be ​18+ years old.
• Sound Mind: Must be mentally competent at the time of writing.

2. Essential Components of a Will​

✔ Testator’s Details: Full name, father’s name, address, NID number.
✔ Asset List: Property, bank accounts, jewelry, etc.
✔ Beneficiaries: Names and shares for each heir.
✔ Witnesses: ​2 adult witnesses​ (unrelated to beneficiaries).
✔ Executor: A trusted person to enforce the will (optional but recommended).

3. Islamic Inheritance Rules (For Muslims)​

• Fixed Shares: Under Sharia, heirs receive predefined portions:Husband: ½ (if no children), ¼ (with children).Wife: ¼ (if no children), ⅛ (with children).Son: 2x daughter’s share.Parents: ⅙ each (if deceased has children).
• 1/3 Rule: Up to ​one-third of the estate​ can be willed to non-heirs (e.g., charities, friends).

4. Non-Muslim Wills (Hindus, Christians, Buddhists)​

• Governed by the Succession Act 1925.
• No fixed shares—can distribute assets freely.
• Must be registered​ at the ​Sub-Registrar Office.

Step-by-Step Guide to Writing a Will​

Step 1: List Your Assets​

• Include:Land, houses, vehicles.Bank accounts, FDRs, shares.Personal valuables (gold, watches).

Pro Tip: "Take photos of jewelry and property papers—attach them to the will." – ​Advocate Farhana K., Dhaka​

Step 2: Decide Beneficiaries & Shares​

• For Muslims: Follow Sharia-mandated shares first, then use the ​1/3 discretionary portion.
• For Non-Muslims: Distribute freely (e.g., 50% to spouse, 50% to children).

Step 3: Draft the Will​

• Use Clear Language:

"I, [Full Name], son/daughter of [Father’s Name], residing at [Address], declare this as my last will. I bequeath my property at [Location] to [Beneficiary Name] in the following shares: [Details]."

• Avoid Ambiguity: Specify exact percentages (e.g., "60% to my son, 40% to my daughter").

Step 4: Sign & Attest​

• Sign in front of 2 witnesses​ (non-beneficiaries).
• Witnesses must sign, noting their NID numbers and addresses.

Step 5: Register the Will (Optional but Recommended)​

• Where: Local ​Sub-Registrar Office.
• Fee: ~৳500–2,000​ (varies by asset value).
• Why Register?​ Prevents forgery and speeds up probate.

Common Mistakes to Avoid​

❌ Vague Language: "My daughter should get something." → ​Invalid.
❌ Omitting Legal Heirs: Muslim wills ​cannot disinherit spouses/children.
❌ No Witnesses: Unattested wills are ​easily challenged in court.
❌ Ignoring Updates: Review every ​3–5 years​ (after marriage, divorce, or new assets).

How to Safeguard Your Will​

1. Store Securely​

• Keep the original with a trusted executor/lawyer.
• Give copies to 2 family members​ (avoid beneficiaries).

2. Digital Backup​

• Scan and email it to yourself or store in Google Drive/Dropbox.

3. Inform Key People​

• Tell your executor and spouse​ where the will is kept.

What If Someone Challenges the Will?​

Grounds for Contesting​

• Undue influence​ (e.g., forced signing).
• Testator was mentally unfit.
• Fraud or forgery.

Defending the Will​

• Medical certificates​ (proving sound mind).
• Witness testimony.
• Registered copies.

Case Study: A ​Chittagong court upheld a will​ after witnesses confirmed the testator’s clarity.

Islamic Will vs. Non-Muslim Will: Key Differences​

Where to Get Free Legal Help​

✔ Bangladesh Legal Aid Committee​ (Free for low-income individuals).
✔ District Bar Associations​ (Low-cost drafting assistance).
✔ NGOs​ (e.g., Ain o Salish Kendra).

Final Checklist​

✓ List all assets clearly.
✓ Assign shares per Sharia (if Muslim).
✓ Sign with 2 witnesses.
✓ Register at Sub-Registrar Office (optional but recommended).

Key Takeaway: "A 10-minute will can save your family 10 years of court battles." – ​Barrister Rahim S., Supreme Court of Bangladesh​

Sources:

1. Bangladesh Law Commission (2023 Will Registration Report)​
2. Muslim Family Laws Ordinance 1961​
3. Succession Act 1925 (Amended 2022)​
4. Dhaka District Court Inheritance Dispute Data