People frequently state, “I am too young to prepare a Will” or “I have nothing to leave behind.” Traditionally, young adults have not prioritized the creation of a will. This is altering; in 2021, 23% more young adults from Generation Z created a will.
After the recent pandemic, it is logical that opinions on mortality have altered. People may have accepted the inevitability of the future. Everyone is responsible for organizing their affairs to protect their loved ones in the future.
There are numerous compelling reasons why even a young individuals in Bangladesh should consider making a will.
A will is a legal document that expresses a person’s desires about the disposition of his possessions after his death. Unlike a Trust, which becomes effective immediately upon creation, a Will only becomes executable upon the death of its creator. The person who creates a will is referred to as the “Testator,” while the person selected to carry out the will is called the “Executor.” A “legatee” is the recipient of a will’s assets.
How to make a will in Bangladesh
In Bangladesh, wills are governed by a mixture of legislative and religious guidelines. The Succession Act of 1925 governs wills in Bangladesh generally. In contrast, the Muslim Personal Laws on this topic are more widespread in this country due to the flexibility of criteria and desire of the majority. In Islam, executing a will or (Wassiyyah) is one of four required rites performed for the departed.
A Muslim may only bequeath one-third of his property through a bequest. The testator’s intent must be evident that the wasiyyah will be carried out after his death.
According to the 1925 Act and Muslim personal law, a will can only be revoked if the testator creates a second will.
Both sets of rules regulating wills are necessary for their legal execution. There are numerous parallels and differences between the two. The legislation exists in harmony and is in effect, albeit with undetermined limitations.
1) Ensure your children’s well-being.
A Guardian is the individual (or individuals) you name in your Will to care for and raise your minor children in the case of your death. You can only appoint a Guardian if you are the legal parent of a child. Appointing a Guardian results in the Guardian acquiring parental responsibility for the kid at the time of appointment, i.e., upon your passing. A Guardian has the authority to make all significant decisions about the upbringing, education, and welfare of the kid. You can also include instructions for the upbringing of your children in your Will.
2) Appoint the individual or individuals of your choosing to manage your estate.
You will name an Executor in your Will to manage your estate. Executors might be family members, close friends, or professionals. An Executor is the individual you name in your Will to administer your estate and distribute your assets according to the terms of your Will. You can appoint one or more executors.
3) Make a will to Safeguard your Partner
In today’s culture, living together as “co-habitees” rather than getting married is becoming increasingly frequent. However, many cohabitants mistakenly believe they have the same legal protections as married or civil partnership couples. This is not the case, and there is little protection for unmarried couples. Upon the demise of a partner, a number of problems can develop. If an unmarried individual dies without a Will, their assets will pass to their children, parents, siblings, or other family members, potentially causing anguish to a surviving spouse. Cohabitants should always have a valid Will that allows them to prepare for the future and the unforeseen.
4) Make a will to Protect your personal information online
It is likely that you have vital data online, such as in an email account or social media profile. A correctly crafted Will can enable your Executors to access your internet information, which, in the absence of a Will, your family may have to legally access through the Court system.
5) Protect your inheritance for the future
Although you may not possess much now, you may receive an inheritance in the future. A Will addresses property you have not yet acquired. A properly designed Will can account for changes in the value of your estate and specifies how you would wish your assets to be distributed upon your death.
Wills and Testaments It is extremely advised that you create a Last Will and Testament.
Transfer of Property by a Last Will and Testament in Bangladesh:
TRANSFER from the dead to the living has two sides: (i) Testamentary Succession (ii) Intestate Succession.
During marz-al-maut, testamentary successions under Muslim law are (a) Will and (b) Gift. The Islamic law of testamentary succession governs this. The main criteria of a will are that I it takes effect only after the testator’s death, ii) no donation may exceed one-third of the estate, and iii) no bequest may be made to an heir. In Muslim law, a Will can be verbal. It does not have to be reduced to writing. Will registration is not required. The content of a Will can be altered at any moment by its author.
Gift during marz-al-maut contains all the basic requirements of gift intra-vivos, including:
(1) Offer from the donor,
(2) Acceptance from the donee, and
(3) Immediate transfer of possession. It is also subject to all limits outlined in the law of will,
including: (1) It takes effect after the death of the donor, (2) It cannot be provided to an heir, and (3) It cannot exceed one-third of the property. In accordance with Hindu law, after the demise of the testator, the District Judge must grant probate for the will’s execution.
How to make a Will under Hindu Law:
To make a will under Hindu law, any adult may dispose of his property by will, provided that he does not violate his wife’s or anybody else’s legal claim to maintenance. A Hindu may dispose of his distinct or independently acquired property through a will. Currently, Hindu wills are controlled under the Succession Act of 1925. Every Hindu will must be in writing, signed by the testator, and attested by at least two witnesses, in accordance with section 63 of the Succession Act of 1925.
Intestate succession:
In Bangladesh, the Muslim law of intestate succession is governed by the Hanafi law of inheritance, whereas the Hindu law of intestate succession is governed by the Dayabhaga School of Inheritance. In Hanafi inheritance law, there are three classes of heirs:
a. Sharers, who are entitled to a prescribed share of the inheritance;
b. residuaries, who take no prescribed share but succeed to the remainder after the claims of the sharers are satisfied; and c. distant Kindred, who are all blood relatives who are neither sharers nor residuaries.
The Dayabhaga Law of inheritance under Hindu law recognizes three groups of heirs: (a) Sapindas, (b) Sakulyas, and (c) Samonodakas.
According to section 2(h) of the Succession Act 1925, a will is “the legal declaration of a testator’s intentions regarding his property that he wishes to be carried out after his death.” According to the Sahih Al-Bukhari, a Muslim who has something to bequeath is obligated to make a will within two nights after acquiring it.
According to section 59 of the Act, every adult who is not a juvenile may dispose of his property through a will. Under section 3 of the Majority Act of 1875, an individual attains adulthood at the age of eighteen in Bangladesh. In accordance with the Succession Act, anyone above the age of eighteen may make a will. Under Islamic law, however, an adult who has achieved the age of fifteen may also establish a will.
Make a will under Succession Act:
In accordance with Section 63 of the Succession Act, to make a will, it must be in writing, signed by the testator, and witnessed by at least two individuals. Under Muslim personal law, however, a will may be either oral or written, and a written will need not be signed or witnessed if it is signed. In Muslim law, however, the need of two witnesses is the same as in the preceding section.
Probate is obtained to confirm the will’s validity, and it is the sole valid proof of the executor’s appointment. In accordance with section 227 of the 1925 Act, when a judge grants probate for a will, all executor actions become legitimate. The executor must file a probate action with the District Judge Court in order for the will to take effect. However, under Islamic law, such conditions do not exist.
Therefore, if you were to make a will there are numerous sorts of transfers of real property. Some transfers are between live individuals, while others are between deceased and living individuals. There is an urgent need for a centralized administrative agency to govern all types of real estate transfers. In addition, a comprehensive law should be enacted to control the transfer of all types of immovable property. The Transfer of Property Act of 1882 is incomplete.
It does not address the transfer from the dead to the living. Currently, transferees’ rights are most usually restricted. Therefore, there should be explicit legal safeguards protecting the rights and interests of the transferee or land purchaser. Modern society and circumstances have become increasingly complex; consequently, it is preferable that all transfers of immovable property be documented and recorded.
It is unpleasant to contemplate one’s own demise. Nevertheless, you should prepare your estate in advance so that your affairs are in order in the terrible case of your dying. The last thing you want to do during this time is cause further stress for your family. Your property in Bangladesh has value once you sign the contract and make the initial payment; therefore, you will have an asset to consider for estate planning even before the property is transferred.
It is prudent to periodically examine your Will throughout your life to ensure that it still reflects your wishes, especially in light of any changes to your family, such as births, deaths, or weddings. The Wills, Trusts & Probate team at Tahmidur Rahman Remura Wahid welcomes your call at 01779127165 or 01847220062 if you would like more information about Wills or would like to schedule an appointment to discuss your specific situation.
While making a will in Bangladesh, our organisation offers legal services for drafting a Wasiotnama, also known as a Bangladeshi Will. The paperwork will list your assets in Bangladesh, such as real estate, bank accounts, and vehicles. Upon the death of a foreigner in Bangladesh or a Bangladeshi in a foreign country, the government officer will typically request a copy of the deceased’s Will from the family or the deceased’s attorney.
If you are unaware of your legal rights in Bangladesh, there are a number of things that can occur to your property. If certain measures are not taken from the outset, the entire procedure can become highly convoluted and often rather expensive. The reduction of risk and the protection of your investment are of paramount importance in any real estate acquisition.
This is especially more critical when purchasing homes outside of your home jurisdiction, when communication can be a significant obstacle to achieving your goals. A valid will mitigates the majority of the risk. It is always prudent to obtain professional counsel from a reliable expert who looks out for your best interests and understands your requirements.
Are you intending to make a will in Bangladesh?
Make a will in Bangladesh with the help of Tahmidur Rahman Remura: TRW: The Law Firm in Bangladesh:
The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related in terms of making a will or heba releated issueshttps://tahmidurrahman.com/heba-will-gift-document-registration-in-bangladesh/ Bangladesh. For queries or legal assistance, please reach us at:
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