Only within limits. Under Hanafi law, which most Bangladeshi Muslims follow, a will can generally dispose of up to one-third of the net estate after debts and funeral expenses, and a bequest to a person who is already an heir usually needs the consent of the other heirs after death. The remaining two-thirds pass to the heirs under fixed shares. If you want to give more to a particular child or to a spouse, lifetime gifts may be more effective. Good succession planning combines a will with gifts and other tools rather than relying on a will alone.

The Quran-based rules give fixed shares to certain relatives, known as sharers, and the residue to others. For example, a wife receives one-eighth if there are children and one-quarter if there are none, and a husband receives one-quarter or one-half on the same basis. Sons and daughters share the residue, with each son taking twice the share of each daughter. Parents also have fixed shares. Real cases involve many combinations, so we calculate shares for the specific family before any succession planning decision, partition or sale is made. Succession planning begins with this calculation.

Classical Muslim law treats an oral gift with delivery of possession as valid, but Bangladesh has introduced requirements for gifts of immovable property to be made by a registered instrument with a supporting declaration. A gift that is not properly documented and registered is vulnerable to challenge and may not be recognised for mutation or later sale. We therefore always prepare registered gift deeds for land and flats, check that possession passes in practice, and keep evidence of the donor's free consent and capacity, because these are the grounds on which gifts are usually attacked.

A succession certificate is granted by the court under the Succession Act 1925 to allow an heir to collect debts and securities of a deceased person, such as bank deposits, savings certificates and shares. Banks and companies often insist on it before paying out, particularly where there is no nomination or the amount is significant. The application lists the heirs and assets and is advertised so that objections can be raised. Proper succession planning, including nominations and joint accounts, can reduce the need for these applications, but we act for families on them where required.

Yes. Hindu inheritance in Bangladesh generally follows the Dayabhaga school, under which the order of heirs and the position of daughters and widows are very different from Muslim law. Hindu testators are not subject to the one-third restriction, so a will can be a more powerful tool, though it must be properly executed and may need probate before it can be relied on. Family property held jointly, and land recorded in the names of several relatives, often needs careful review. We advise Hindu families on wills, gifts and trusts that fit their personal law and family wishes.

A foreign will may be recognised, but relying on it alone often causes delay. Succession to land in Bangladesh is generally governed by Bangladesh law and the deceased's personal law, and a foreign grant of probate will usually need to be resealed or supported by fresh proceedings here. Records, signatures and witnesses abroad can be hard to verify. For most non-resident families, succession planning works best with a separate Bangladesh document dealing with local assets, drafted to fit alongside the foreign will. We coordinate with your overseas lawyers so the documents do not conflict.

Yes, in suitable cases. A private trust can hold property for family members, with trustees managing it under a written deed, and can help keep a portfolio together across generations. A waqf dedicates property permanently for religious or charitable purposes, and in some cases for the benefit of the family, and is supervised by the Waqf Administrator. Both structures require careful drafting and registration, and transfers into them must respect personal law and the rights of heirs. We assess whether a trust, waqf or holding company best meets the family's long-term objectives. Each option is tested against the family's needs.

Most inheritance disputes arise from uncertainty: unclear records, informal gifts, missing documents or children treated differently without explanation. Clear succession planning reduces that uncertainty. Practical steps include correcting land records while the owner is alive, registering gifts, updating nominations, documenting loans to children, and discussing the plan with the family where appropriate. A well-drafted will or family settlement, signed with independent advice, is much harder to challenge. Where disputes arise, early mediation often achieves a fair division faster and at lower cost than a partition suit in the civil courts. Records should be kept current.