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
"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
| Aspect | Muslim Will | Non-Muslim Will |
| Governing Law | Sharia + Muslim Family Law | Succession Act 1925 |
| Mandatory Heirs | Yes (spouse, children, parents) | No fixed shares |
| Discretionary Portion | Up to 1/3 | 100% flexible |
| Registration | Optional | Mandatory for full validity |
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:
- Bangladesh Law Commission (2023 Will Registration Report)
- Muslim Family Laws Ordinance 1961
- Succession Act 1925 (Amended 2022)
- Dhaka District Court Inheritance Dispute Data
Feed back
Privacy Policy
