TRW & Co’s UK branch is based at Holborn Gate, 330 High Holborn, London, WC1V 7QH, England.

Overview: principles and practical effect

Muslim succession in Bangladesh is generally governed by principles derived from Islamic law (commonly referred to as Faraid or faraiz), which set out fixed shares for certain categories of heirs and a residual distribution for others. For many estates this produces prescribed entitlements for spouses, parents and descendants, with other relatives taking residuary shares in defined sequences. In practice, those principles operate alongside Bangladesh’s statutory and judicial framework, and can interact with civil procedure and property registration systems.

Key legal features relevant to international advisers

• Fixed shares: Certain heirs are prescribed specific fractions; where those heirs exist, they will generally be entitled to their Quranic or recognized shares before residuary distributions arise.
• Categories of heirs: Broadly: the primary (Quranic) heirs, residuaries and more distant relatives. Exclusion and aggregation rules affect entitlements and can be fact‑sensitive.
• Wills and testamentary freedom: Testamentary freedom is limited where Faraid applies. A will that attempts to override fixed shares can be partially or wholly ineffective in respect of entitled heirs, depending on local law and court practice.
• Probate and estate administration: Administration procedures and timeframes in Bangladesh may differ markedly from England and Wales; disputes over distribution or partition of immovable property are often litigated locally and can be protracted.

Cross‑border considerations for clients in England and Wales

When an individual with connections to both Bangladesh and England and Wales dies, advisers must consider private international law rules and the location and nature of assets.

• Immovable property (land/buildings): Generally governed by the law of the place where the property is situated (lex situs). For property in Bangladesh, local succession rules and registration systems will be decisive.
• Movable assets: In England and Wales, movable assets are typically governed by the law of the deceased’s domicile at death. Determining domicile can therefore be critical to which law applies to bank balances, securities and personal property.
• Recognition and enforcement: A grant of probate or administration in one jurisdiction will not automatically confer title or authority in the other. Separate local processes or court recognition may be needed to transfer title to land or deal with registries.
• Conflict between a UK will and Faraid outcomes: Advisers often draft complementary wills (or consents) to reduce the risk of conflicting dispositions; careful sequencing and local legal review are important.

Practical checklist

1. Identify all assets and their situs (Bangladesh, England & Wales or elsewhere).
2. Establish the deceased’s domicile and nationality for private international law purposes.
3. Obtain local advice in Bangladesh on how Faraid and any relevant statutes will affect distribution of specific assets.
4. Determine whether a local grant of probate/letters of administration will be required to deal with immovables or execute transactions.
5. Review wills in each jurisdiction to avoid inconsistent dispositions; consider separate, narrowly tailored wills for foreign situs assets where appropriate.
6. Plan for evidence, translations and authentication of documents (certified translations, official authentication/legalisation as required by the receiving authority).

Jurisdiction and sources

Authors and advisers should consult primary official sources for detailed rules and procedures, including:

• Official Bangladeshi legislative and judicial materials (government publications and reported decisions of the Supreme Court of Bangladesh).
• Guidance and registers for immovable property in Bangladesh (local land registries and official record offices).
• For England and Wales: GOV.UK guidance on probate and intestacy and HM Land Registry practice and guidance.

General information only; not legal advice and not a substitute for advice on a particular matter.