Probate and Letters of Administration

What this covers

Probate is the court’s certificate that a will has been proved, granted to the executor named in it. Letters of administration are granted where there is no executor, the executor will not act, or there is no will at all, and they appoint an administrator to represent the estate. In Bangladesh these grants are made by the District Judge, and the High Court Division has concurrent jurisdiction. They matter most in the estates of Hindus, Buddhists and Christians, and for foreign nationals or NRBs whose assets abroad require a Bangladeshi grant. We handle common form (uncontested) applications, caveats, contentious proceedings, letters of administration with the will annexed, and applications to revoke a grant obtained on false facts.

When a grant is needed in practice

Section 213 says no right as executor or legatee under a will can be established in any court unless probate or letters of administration with the will annexed have been granted. That rule does not apply to wills made by Muslims, so a Muslim executor does not need probate, although a bank may still ask for a succession certificate. It does apply to wills of Hindus, Buddhists, Sikhs and Jains of the classes covered by section 57, which include wills made within the territory of former Bengal, and to wills of Christians and others governed by the Act. Where there is no will, heirs of a Hindu or Christian can often proceed with a succession certificate for money and mutation for land, but an administrator may be useful where the estate is large, includes a business, or heirs are abroad.

The application and court fee

The petition sets out the will or the fact of intestacy, the heirs, and the value of the property, supported by an attesting witness where a will is involved. The court issues citations to the heirs and can publish a general citation. Court fee is ad valorem on the value of the property covered by the grant, on the graduated scale in Schedule I of the Court-fees Act 1870, and can be significant for high value estates, so an accurate valuation is essential. After a grant, the executor or administrator must file an inventory within six months and accounts within one year (section 317).

Contested probate and Hindu and Christian estates

Any person with an interest can file a caveat (section 284). Once opposition is entered the matter proceeds as a regular suit (section 295), with evidence on execution, attestation by two witnesses, testamentary capacity, and allegations of undue influence or a later will. Hindu wills are frequently contested over whether ancestral Dayabhaga property could be bequeathed and over the rights of widows and daughters. Christian estates follow the Succession Act rules on intestacy, which differ from Muslim and Hindu law. Appeals go to the High Court Division (section 299).

What helps

• The original will, or a certified copy if it was registered or deposited with the Registrar
• Death certificate and details of the attesting witnesses, and whether they are alive
• Names, addresses and ages of all heirs and legatees, including those abroad
• A list of assets with approximate values: land, flats, bank accounts, shares, business interests
• Any caveat, legal notice or letter from a bank or registry office asking for a grant

Where it is handled, and how long it takes

Filed before the District Judge for the district where the deceased had a fixed place of abode or where property is situated; the High Court Division also has jurisdiction. Uncontested grants often take several months, depending on service of citations. Contested probate proceeds as a suit and commonly takes years rather than months.