Inheritance and succession in Bangladesh is governed by personal law — Islamic personal law for Muslims (the majority), and the Succession Act 1925 for non-Muslims. LegalBD advises individuals, families, and NRBs on succession planning, estate administration, probate proceedings, and inheritance disputes.
Muslim Succession
Muslim succession in Bangladesh is governed by the Muslim Personal Law (Shariat) Application Act 1937, under which traditional rules of Islamic inheritance apply. The Quranic sharers (ashaab al-faraa'id) take fixed fractional shares of the estate, with the residue distributed among residuaries (asabat) according to their degree of relationship to the deceased. Key features include: the restriction on testamentary dispositions (a Muslim may not validly bequeath more than one-third of their estate to a non-heir without the consent of all heirs); the exclusion of adopted children from inheritance under Islamic law; and the bar on non-Muslims inheriting from Muslims (and vice versa). Pre-estate planning to accommodate these constraints requires specialist advice.
Non-Muslim Succession
The Succession Act 1925 governs intestate and testamentary succession for non-Muslims. On intestacy, the estate passes to surviving heirs in proportions prescribed by the Act. A valid will must comply with formalities including testamentary capacity, writing, and witnessing requirements. Probate of a will or Letters of Administration for an intestate estate are obtained from the competent court (District Judge's Court or High Court Division, depending on estate value).
Probate Proceedings
Where the deceased left a valid will, probate proceedings confirm its validity and appoint the executor to administer the estate. Where no valid will exists, an administrator is appointed by Letters of Administration. LegalBD prepares and files probate applications, manages the court process, and advises on cross-border estate administration where assets are held in multiple jurisdictions.
Succession Planning for NRBs
Non-resident Bangladeshis with significant assets in Bangladesh — whether immovable property, bank accounts, or shares — should take proactive steps to document their estate, communicate their wishes within the constraints of applicable personal law, and equip their heirs to administer the estate efficiently. LegalBD advises on registered wills, gifts inter vivos, power of attorney arrangements, and related planning measures.