International Inheritance Laws

You are currently viewing a revision titled "Bangladesh", saved on April 16, 2013 at 4:53 pm by neequa4693
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Bangladesh
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Bangladesh has many laws regarding wills and dying intestate. Since Bangladesh is Islamic some of their laws apply or should I say most of their laws apply. The Islamic will is called al-wasiyya. This of course comes after the testator’s death. When a Muslim dies there are four duties which need to be performed just like in New York. These consist of payment of funeral expenses, payment of his/her deeds, execution his/her will, and distribution of the remaining estate amongst the heirs. The importance of a will is clear from hadith “It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.” First citizens are allowed to make wills in their country. According to laws every adult with reasoning ability has legal capacity to make a will. An adult for this purpose is someone who has reached puberty. Evidence of puberty for girl is when they get their period and for men wet dreams. If they do not have proof they assume you have reached puberty by the age of 15. From what I have researched it is not clear whether you must hire an attorney to make a will in Bangladesh. There are attorneys for probate practicing in Bangladesh. The link to my information is http://www.lawguru.com/answers/atty_profile/view_attorney_profile/sfialok. This website basically talks about the attorney and what he has accomplished in life. The website also shows different cities in Bangladesh and other attorneys, what types of law the attorney or law firm specializes in. And last it provides contact information as any other business. Bangladesh has a lot of intestacy laws. The Islamic will includes bequests and legacies, instructions and admonishments, and assignment of rights. In traditional laws in some Islamic countries the power of the testator is limited in two ways. First he cannot bequest more than 1/3 of his net estate unless the other heirs consent to the bequest or there are no legal heirs at all or the only legal heir is the spouse who gets his/her legal share and the residue can be bequeathed. Second the testator cannot make a bequest in favor of a legal heir under traditional laws. In property as to what property the deceased considered to have died intestate. (i)  A has left no will. He has died intestate in respect of the whole of his property. (ii)  A has left a will, whereby he has appointed B his executor; but the will contains no other provisions. A has died intestate in respect of the distribution of his property. (iii)  A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of property. (iv)  A has bequeathed 1,000 Taka to B and 1,000 Taka to the eldest son of C, and has made no other bequest: and has died leaving the sum of 2,000 Taka and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000 Taka. *the property of an intestate devolves upon the wife or husband, or upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this chapter. *explanation- a widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband’s estate. Where the intestate has left a widow (a)    If he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b)   Save as provided by section 33A, if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the rules hereinafter contained. (c)    If he has left none who are of kindred to him, the whole of his property shall belong to his widow. There is really not that much of a difference when it comes to Intestacy laws in New York except maybe the wife is the last resort and kids come first.
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