🖋️ Wills for Dada & Dadi
May Allah grant Dada and Dadi long, healthy lives. Settling papers early is the sunnah of good stewardship — so alongside the family trust, the family is preparing a written will (ওসিয়ত) for Dada and one for Dadi, in their own words, while the settling is easy. Clarity written down today prevents disputes for decades.
2wills to prepare — Dada's and Dadi's
1/3the most a will may direct beyond faraiz
3steps from wishes to signed will
Why wills, when the trust is coming?
The trust is a vessel the family fills together — and by its own rules, nothing of Dada's or Dadi's moves into it unless they subscribe it in writing at Formation. A will does a different job: it speaks for everything that remains personally theirs, so that their wishes are already written, witnessed, and beyond argument — on any day, in any circumstance. The two documents work as a pair: the will names and blesses the plan; the trust carries it out. This is not about anticipating loss — it is about giving the next generation certainty instead of guesswork.
What a Muslim will (ওসিয়ত) can — and cannot — do
The rules are simpler than most people fear, and they protect every heir:
| The rule | What it means for us |
|---|
| Faraiz comes first — always | The heirs' shares — Dadi, the five sons, Labiba — are automatic under Islamic inheritance law. No will can reduce them. See who inherits what by default. |
| Up to one-third may be directed | A will can direct up to 1/3 of the estate to people who are not heirs, to charity, or to specific purposes — a mosque, education, ongoing sadaqah. |
| Extra gifts to an heir need consent | Anything beyond the faraiz share given to someone who is already an heir takes effect only with the other heirs' consent. |
| Lifetime gifts (heba / হেবা) are different | A heba is not a will. It follows different rules and takes effect immediately, during one's lifetime, when the gift is handed over. |
What Dada's will should cover
Seven things, written with the lawyer from his own plain words:
- Executors. Appoint the person(s) who will carry out the will, and an alternate.
- Who his heirs are. Confirm the Lineage & Heirs Declaration — the sworn statement naming Dadi and all six children — as the definitive family record (it is Document D of the Council Pack).
- What he owns. List the land parcel by parcel, exactly as recorded in the Land Asset Register — one list, used everywhere.
- His intent toward the trust. State which assets are intended for settlement into The Bhuiyan Family Trust at Formation — while confirming, as the Charter already does, that nothing transfers except what he subscribes in writing.
- The one-third (wasiyya). Any wishes within the 1/3 — mosque, charity, education of the grandchildren.
- Guardianship and care. His wishes for how Dadi and the household are to be looked after, and for any dependants in his care.
- Where the originals rest. Say where the signed originals are kept, with a scan in the family Drive the same day — the same discipline as every other signed page.
And Dadi's will — shorter by design
Dadi's will covers her own estate and follows the same rules:
- Her estate. Whatever stands in her name — property, savings, gold and personal effects.
- Personal effects. Who receives which keepsakes. Small things carry big feelings; writing them down is a kindness.
- Her one-third wishes. Charity, mosque, education — whatever she chooses within the 1/3.
- Her executor and her originals. Her own choice of executor, and where her signed original is kept.
How it gets done — three steps
- The sitting. After Council #1, a quiet family session where Dada and Dadi speak their wishes and they are written down in plain Bangla — their words, not forms.
- The lawyer. A lawyer converts the plain words into proper legal form and checks the one-third arithmetic against faraiz.
- The signing. Each will is signed before two adult witnesses and notarised — this can be the same notary run as the family's affidavits (see Family Council #1).
Where this stands
drafting begins after Council #1 — on the family timeline, the wills begin alongside the affidavit pack in the first 30 days. This page records the family's intent in plain words; a lawyer the family trusts will confirm the final wording and the one-third numbers before anything is signed.