Wills and Estate Planning

What this covers

Estate planning in Bangladesh usually combines three tools: a will (উইল or ওসিয়তনামা) that takes effect on death, a gift (heba) that transfers property during life, and practical steps such as nominees on bank accounts, savings certificates and BO accounts. What is possible depends heavily on religion. We advise Muslim, Hindu, Christian and Buddhist clients, prepare wills and heba deeds, plan for minor children and dependants, and help NRBs who own property in Bangladesh arrange documents that can be used after their death without long litigation.

Muslim wills: the one-third limit and heirs

A Muslim can bequeath up to one third of the net estate, after funeral costs and debts. A bequest above one third, or any bequest to someone who is already an heir, takes effect only if the other heirs consent after the testator’s death. A Muslim will need not be in writing or attested, but an oral will is very hard to prove, so a written, signed and witnessed document is strongly advised. Because of the limit, Muslims who want to benefit a particular child, a daughter or a spouse often use a lifetime gift instead.

Heba and other lifetime transfers

A valid heba needs a declaration of gift, acceptance and delivery of possession during the donor’s lifetime. For immovable property, a gift must now be made by registered deed, and the Registration Act has a reduced fee for heba between close relatives such as spouses, parents, children, siblings and grandchildren. A heba passes ownership immediately, so it cannot simply be taken back later and the donor loses control of the property. See our page on gift and heba deeds at /property-transfers/gift-heba-exchange-deed/.

Registering wills, Hindu and Christian wills, and NRBs

Registration of a will is optional under section 18 of the Registration Act, and a sealed will can be deposited with the Registrar under section 42, but registration helps prove execution and reduces forgery claims. Hindus and Christians can dispose of their property by will under the Succession Act; the will must be signed and attested by two witnesses (section 63), and in many cases probate will be needed later. NRBs can sign a will abroad before witnesses, but it is sensible to have it notarised and authenticated and to keep clear title documents, nominee records and a power of attorney in place for the family in Bangladesh.

What helps

• NID or passport and a list of your heirs under your personal law
• Title deeds, khatians and mutation records for each property
• Bank, savings certificate, BO account and insurance details, with current nominees
• The names of people you want to benefit, and any debts or unpaid dower
• Your existing will or heba deeds, if any

Where it is handled, and how long it takes

Wills and heba deeds are prepared in chamber. Heba deeds for immovable property are registered at the Sub-Registry office where the land is; wills can be registered or deposited at any Sub-Registrar’s or District Registrar’s office. Drafting typically takes one to two weeks once documents are complete, and registration is usually completed on an appointment day.