Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Consultation: 15 mins
The law surrounding Wills and Testaments in Dhaka, Bangladesh is regulated by the Succession Act of 1925. In the context of Bangladesh's legal system, a Will, also known as a 'testament', is a legal document by which a person, the testator, expresses his or her wishes about how his or her property is to be distributed at death. This law provides for the ability of any individual to decide the fate of their belongings after death, ensuring that legitimate succession can occur without disputes. It provides a sense of security for family members and guarantees that the deceased's wishes are respected.
While drafting a Will may seem straightforward, understanding Statutory Wills legislation can be complex. These complexities often surface in cases involving large estates, multiple beneficiaries, multiple properties, or businesses. In these scenarios, the help of a lawyer becomes increasingly important to ensure the Will is clear, unambiguous and properly executed to avoid disputes after the testator's passing. Hiring a lawyer is also advisable if there are potential issues concerning inheritance tax or if you find it difficult to deal with such matters owing to illness or advanced age.
In Bangladesh, any person of sound mind, not being a minor, is capable of disposing of their property by Will. The Will must be signed by the testator (or by someone at their direction), and attested by at least two witnesses. Furthermore, the testator can appoint an executor to manage the disposition of the estate as specified in the Will. If no executor is named, the court will appoint an administrator. In the absence of a legal Will, intestacy rules apply and the estate is divided in accordance with the rules of Muslim Law or Hindu Law depending on the religion of the deceased.
Legally, you can write a Will without a lawyer, but hiring a lawyer guarantees clarity, an understanding of consequences and potential legal pitfalls.
You have the freedom to dispose of your property as you wish. However, fair provision should be made for a spouse and dependents.
Yes, a Will can be contested in case of fraud, undue influence, forgery, or absence of testamentary capacity.
No, the Will requires probate to be granted by the court to become valid and recognized.
Yes, you can always change your Will. It is recommended to do so if circumstances such as marriage, divorce, or the birth of a child occur.
No, your Will can dictate any division of your property, including to non-family members, charities or any other entity you wish.
The executor of your Will should be a trustworthy person that you believe will uphold your wishes as stated in your Will.
A codicil is a document used to make minor changes to a Will. It requires the same formalities as a Will - your signature and the signatures of two witnesses.
No, debts and liabilities can be claimed from your estate's assets. However, if the estate's assets do not cover the debts, they are usually written off.
If you die intestate (without a Will), your estate will be distributed according to the rules of interstate succession, which is based on religious law.
Several government and non-government institutions provide useful information and aid regarding Wills and Testaments. The Bangladesh Legal Aid and Services Trust, for example, offers legal help in these matters. Public libraries also hold accessible resources on the topic.
If you require legal assistance, you should approach a qualified legal expert specialized in the field of Wills and Testaments. An attorney can help identify your needs, propose solutions, and ensure your final testament is unambiguous and legally watertight.
