Fiduciary, Trust and Estate Disputes in Bangladesh

by Barrister Tahmidur Rahman | Oct 15, 2026

Private Client & EmploymentWills, trusts and fiduciary claims8 min read

Fiduciary, Trust and Estate Disputes in Bangladesh

From our Dhaka office, we advise executors, trustees, beneficiaries and families on estate disputes in Bangladesh and across borders: contested wills, probate and succession certificate challenges, breach of trust claims, waqf and heba questions, and contests over estate-held shares and control of family businesses.

Overview

How we handle trust and estate disputes in Bangladesh

Estate disputes in Bangladesh rarely begin in court. They usually start with a missing will, an unexplained land transfer, a trustee who will not share accounts or a sibling who controls the family company. TRW & Co acts for beneficiaries, heirs, executors, trustees and other fiduciaries in contentious and pre-contentious matters involving wills, estates, trusts and family property with a Bangladesh connection. This work sits within our private client practice and draws on the firm's litigation team, led by managing partner Adv Syed Wahid, for proceedings in the civil courts and the Supreme Court of Bangladesh.

The law that governs an estate depends first on the personal law of the deceased. For Muslims, inheritance follows Muslim personal law: heirs take fixed shares, and a bequest is generally limited to one third of the net estate, with a bequest to an heir needing the other heirs' consent. The Succession Act 1925 governs probate, letters of administration and succession certificates, and applies to wills made by Hindus, Christians and others alongside their personal law. Private trusts fall under the Trusts Act 1882. Identifying the correct framework early often decides which estate disputes are worth pursuing, and where.

Many of the estate disputes we advise on have a foreign element. A deceased may have lived in London, Dubai or New York while owning land in Dhaka or Sylhet, or heirs abroad may have granted powers of attorney that a relative in Bangladesh has used. Foreign grants of probate, overseas trusts and offshore holding companies raise questions of recognition, governing law and evidence. We work with counsel in the UK, US, UAE, India and Singapore so that a step taken in one country does not undermine the position in another, and so that foreign documents remain usable here.

Fiduciary and estate disputes are not confined to formal trusts. An executor, the mutawalli of a waqf, a guardian of a minor's property, an attorney acting under a power of attorney, or a family member managing land for co-heirs may each owe duties of loyalty, care and account. Claims commonly concern undisclosed sales, the mixing of estate money with personal funds, refusal to give accounts, self-dealing in estate-held shares and long delay in distribution. We advise on how to obtain information, preserve assets and, where necessary, seek removal of the fiduciary, accounts, injunctions or compensation through the courts.

Our approach to estate disputes is to establish the facts before positions harden. We review the will or trust deed, title records, khatian and mutation entries, bank statements and company registers, and test them against the applicable personal law and limitation periods. Many family estate disputes are better settled through structured negotiation or mediation, and the Legal Aid Services (Amendment) Act 2026 is introducing mandatory pre-case mediation for certain disputes, district by district. Where litigation is needed, we prepare it thoroughly with our dispute resolution colleagues. To discuss a matter, contact our Dhaka office.

01 · What we handle

Core workstreams

  • Contested wills and probate
  • Breach of trust and fiduciary claims
  • Partition and inheritance shares
  • Heba, waqf and lifetime transfers
02 · How it runs

Four clear stages

  1. 01Document and asset review
  2. 02Protective steps
  3. 03Negotiation or mediation
  4. 04Proceedings and implementation
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

What our fiduciary, trust and estate work covers

Workstream 01Private Client & Employment

Contested wills and probate

  • Document and asset review
  • Protective steps
  • Negotiation or mediation
  • Proceedings and implementation
Workstream 02Private Client & Employment

Breach of trust and fiduciary claims

  • Document and asset review
  • Protective steps
  • Negotiation or mediation
  • Proceedings and implementation
Workstream 03Private Client & Employment

Partition and inheritance shares

  • Document and asset review
  • Protective steps
  • Negotiation or mediation
  • Proceedings and implementation
Workstream 04Private Client & Employment

Heba, waqf and lifetime transfers

  • Document and asset review
  • Protective steps
  • Negotiation or mediation
  • Proceedings and implementation
Workstream 05Private Client & Employment

Family companies and estate-held shares

  • Document and asset review
  • Protective steps
  • Negotiation or mediation
  • Proceedings and implementation
Workstream 06Private Client & Employment

Cross-border estates and recognition

  • Document and asset review
  • Protective steps
  • Negotiation or mediation
  • Proceedings and implementation
01

Contested wills and probate

We act in challenges to wills and in their defence, including allegations of forgery, undue influence, lack of testamentary capacity and improper execution. We advise on objections to grants of probate or letters of administration, contested succession certificate applications and revocation of grants obtained without proper notice to heirs. For Muslim estates, we address whether a will exceeds the one-third limit or benefits an heir without consent.

02

Breach of trust and fiduciary claims

Where a trustee, executor, mutawalli or attorney has acted beyond their authority or for personal benefit, we assess remedies such as accounts, removal, injunctions and compensation. We review trust deeds, powers of attorney and transaction records, and trace estate assets into later transfers. We also defend fiduciaries facing allegations, helping them respond with records and show that the administration was proper. We also advise on court directions on unclear deeds.

03

Partition and inheritance shares

Co-heirs often disagree about who is an heir, the size of each share or how land should be divided. We advise on partition suits, declarations of title and share calculations under Muslim and Hindu personal law, and on challenges to mutation and record-of-rights entries. Where a family prefers a negotiated division, we draft settlement and partition deeds that reduce the scope for later estate disputes. Survey maps, tax receipts and mutation records are gathered early because they often decide who has been in possession.

04

Heba, waqf and lifetime transfers

Many estate disputes concern transfers made during the deceased's lifetime rather than the will. We examine whether a heba was validly made and registered, whether possession passed, whether a waqf was properly created and whether the mutawalli is administering it according to the deed. We also review sale deeds and powers of attorney signed shortly before death for signs of pressure or incapacity. Lifetime gifts often drive a will challenge.

05

Family companies and estate-held shares

When a shareholder dies, control of a family company can become contested quickly. We advise on transmission of shares to heirs, board decisions taken during the transition, deadlock, and oppression or mismanagement applications before the High Court Division under the Companies Act 1994. We align the company law position with the inheritance position so that share registers, bank mandates and estate accounts remain consistent. Board minutes and share transfer records from the period around the death are reviewed carefully.

06

Cross-border estates and recognition

For estates spanning Bangladesh and other countries, we advise on the effect of foreign wills and grants in Bangladesh, the use of documents executed abroad and the management of parallel proceedings. We coordinate with foreign counsel on evidence, asset protection and enforcement, and advise non-resident Bangladeshi heirs on acting through attorneys without losing control of their share of the estate. We also address foreign wills that deal with Bangladeshi land.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Private Client & Employment matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

How do estate disputes in Bangladesh usually start, and when should we take advice?

Most estate disputes begin with a practical trigger: a relative records land in their own name, a bank refuses to release a deposit, a will appears that the heirs had not seen, or an executor stops answering questions. Early advice matters because evidence disappears, assets can be sold and limitation periods run. A short review of the documents, the family tree and the asset list usually shows whether the issue can be resolved by correspondence, needs a protective step such as an objection or injunction, or requires proceedings. We then set out the options, likely costs and timing in writing.

02

Can a Muslim in Bangladesh leave property by will to anyone they choose?

Not entirely. Under Muslim personal law as applied in Bangladesh, a person can generally bequeath up to one third of the net estate after funeral costs and debts. A bequest above that limit, or a bequest to someone who is already an heir, usually takes effect only with the consent of the other heirs. The rest of the estate passes to the heirs in fixed shares. Many estate disputes arise because families assume a will can override these rules, or because lifetime gifts are used to achieve a similar effect. We check both the will and any earlier transfers together.

03

What is the difference between probate, letters of administration and a succession certificate?

Probate is a court grant confirming a will and the executor's authority. Letters of administration authorise an administrator to manage an estate where there is no executor, or in some cases no will. A succession certificate, issued by a civil court, allows the holder to collect debts and securities such as bank deposits and shares. Banks and companies often ask for one of these before releasing assets. Each can be contested, and each application gives interested parties an opportunity to object, which is where many estate disputes first become formal. We advise on which grant is needed.

04

How can a beneficiary find out what a trustee or executor has done with estate assets?

A trustee or executor is generally obliged to keep accounts and to give beneficiaries reasonable information about the administration. The first step is usually a written request identifying the documents needed, such as bank statements, sale deeds and company records. If that fails, the court can order accounts and disclosure and, in serious cases, restrain further dealings or replace the fiduciary. In estate disputes, a clear written request that was ignored often strengthens a later application for relief from the court. Where assets are being moved, interim protection may be sought at once.

05

Can estate disputes involving property in Bangladesh be handled from abroad?

Yes, in most cases. Heirs living in the UK, the Middle East or North America can appoint a representative through a power of attorney executed abroad, authenticated by a Bangladesh mission and then validated in Bangladesh before use. We can negotiate, file proceedings and attend hearings on that basis, and some evidence can be given by affidavit. Careful drafting of the power is important, because loosely drafted powers of attorney are themselves a frequent source of estate disputes between relatives at home and abroad. We also keep absent heirs informed at each stage.

06

What can heirs do if a family member has sold inherited land without their consent?

A co-heir can generally transfer only their own share. Where a sale purports to convey more, the other heirs may seek a declaration that the deed does not bind their shares, a partition, an injunction against further dealings and, in some cases, cancellation of the deed. The buyer's position, possession and the time that has passed all affect the strategy. We review the record-of-rights, mutation history and chain of title before advising, because the strength of the claim often turns on those records. Acting quickly also limits the risk of further sales.

07

Are estate disputes suitable for mediation rather than court proceedings?

Many are. Family members usually have continuing relationships, shared property and a common interest in avoiding years of litigation. Mediation allows the parties to agree a division, a buy-out or a management arrangement for jointly held assets, and the agreement can be recorded in registered deeds or a court decree. The Legal Aid Services (Amendment) Act 2026 is introducing mandatory pre-case mediation for certain disputes, district by district, so mediation of estate disputes may be required in any event. We prepare clients for mediation as carefully as for trial. Any agreement should then be registered or decreed promptly.

08

How long do we have to bring a claim against an estate, a trustee or an executor?

Limitation periods under the Limitation Act 1908 vary with the type of claim, such as a suit for possession, for a declaration, for accounts or to set aside a deed, and time usually runs from a particular event rather than from the date of death. Claims against fiduciaries may be treated differently where fraud or concealment is involved. Because these rules are technical and missed deadlines are hard to cure, we treat limitation as the first question in all estate disputes and identify the safest date for action. A short limitation review costs little compared with a time-barred claim.

How a matter runs

From first call to resolution.

  1. 01

    Document and asset review

    We gather the will, trust deed, title records, bank and share information and the family tree, then identify the applicable personal law, the parties with standing and any urgent limitation or asset-protection issue in the estate. This scoping shapes our strategy for the dispute.

  2. 02

    Protective steps

    Where assets are at risk, we consider objections to grants, injunctions, notices to banks and registries, or formal requests for accounts, so that the estate is preserved while the dispute is assessed and negotiations take place. Speed matters at this stage.

  3. 03

    Negotiation or mediation

    Most estate disputes settle. We present a reasoned position to the other heirs or fiduciaries, explore division, buy-out or management arrangements, and use mediation where it is required or useful, recording any settlement in a form that can be enforced.

  4. 04

    Proceedings and implementation

    If settlement fails, we file or defend proceedings in the appropriate court and manage evidence from Bangladesh and abroad. We then implement the outcome through registration, mutation, transmission of shares and distribution of the estate. Where distributions are staged, we monitor that each beneficiary receives the share ordered and that records are updated.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Which court hears estate disputes in Bangladesh?
It depends on the claim. Probate, letters of administration and succession certificate matters are generally dealt with by the District Judge's court. Partition, title and injunction suits go to the civil courts according to the value and location of the property. Disputes over estate-held company shares may go to the High Court Division. Choosing the right forum for estate disputes at the outset avoids wasted time and cost. We confirm jurisdiction before any filing is made.
Does a will need to be registered in Bangladesh?
Registration of a will is optional under the Registration Act 1908, although a registered will is usually easier to prove and harder to challenge. An unregistered will can still be valid if it was properly executed and is proved. Many estate disputes turn on the attesting witnesses, the circumstances of signing and the testator's condition at the time, so that evidence should be preserved early. Original wills should be kept safely and copies circulated only with care.
Can a trustee be removed in Bangladesh?
Yes. Where a trustee has committed a breach of trust, become unfit, refused to act or fallen into serious conflict with the beneficiaries, the court can remove the trustee and appoint a replacement, subject to the trust deed and the Trusts Act 1882. The court may also order accounts and compensation. Removal is usually sought together with interim protection of the trust property. Fiduciaries facing removal applications should take advice on their records early.
What is a heba and why is it often challenged?
A heba is a gift under Muslim law. Its validity traditionally depends on a declaration, acceptance and delivery of possession, and a heba of immovable property must now also be registered. Because heba is often used to pass property to particular children during the donor's lifetime, other heirs frequently challenge it on grounds of incapacity, pressure, lack of possession or defective registration, and it features in many estate disputes. Registration and mutation records are usually the first documents we review.
Do estate disputes involving family companies follow different rules?
Partly. Inheritance law decides who is entitled to the shares, but company law and the articles of association decide how shares are transmitted and how the company is run in the meantime. Directors may need to keep the business operating, register transmissions and avoid decisions that prejudice heirs. Where control is contested, an application to the High Court Division may be needed. Shareholder agreements and articles should be checked immediately after a death.
Can a foreign grant of probate be used in Bangladesh?
A foreign grant does not automatically give authority over assets in Bangladesh. In many cases a separate Bangladeshi grant or a succession certificate is needed, with the foreign grant and will used as evidence in that process. We coordinate with counsel abroad to obtain properly authenticated copies and to align the steps taken in each country, which helps prevent cross-border estate disputes from multiplying. Early coordination with foreign counsel usually saves both time and cost.
What evidence matters most in a contested will case?
Courts look closely at how the will was made: the original document, the attesting witnesses, the person who drafted it, medical records relevant to capacity, and the relationship between the testator and those who benefit. Evidence about who arranged the will and whether the testator acted independently is often important. Early preservation of these records and of witness accounts can make a significant difference to the outcome. Witnesses should be identified and approached while memories are fresh.
Can TRW & Co act for executors as well as beneficiaries?
Yes. We act for executors, trustees and administrators who need to defend their administration or seek directions from the court, as well as for beneficiaries and heirs who challenge it. We check for conflicts at the outset and, in family estate disputes, are careful to identify exactly who the client is, because different family members often have different interests in the same estate. Where a conflict exists, we will say so and decline to act.

Talk to us before an estate dispute hardens

Speak with the partners about estate disputes in Bangladesh or across borders.

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