A Last Will and Testament in Thailand is a crucial legal document that allows individuals to specify how their assets should be distributed upon their death.
Without a will, a deceased person’s estate will be subject to intestate succession, where state laws dictate the distribution of assets to statutory heirs.
Having a last will allows you to have control over who will inherit your assets and in what proportions. It also allows you to appoint an executor to manage your estate and carry out your wishes.
Additionally, a will can also help minimize family disputes and ensure that your loved ones are taken care of according to your wishes.
In Thailand, having a will is important for expatriates or foreigners as the legal system may differ from their home country, and having a will can help ensure that their assets are distributed according to their wishes.
It is recommended to seek legal advice or assistance from a lawyer when drafting a will to ensure that it complies with Thai laws and to avoid any potential legal issues in the future.
What is Last Will and Testament?
The last will is a legal document whereby the testator can explain the distribution of his/her property or assets after his/her death.
It typically includes details about who will inherit which assets, any specific instructions or conditions for inheritance, and the appointment of an executor to carry out the instructions in the will.
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This document is important for ensuring that the testator’s wishes are carried out after their passing and can help prevent disputes among family members or other beneficiaries.
It is recommended that individuals consult with a lawyer when creating a last will and testament to ensure that it is legally valid and accurately reflects their wishes.
Requirements of valid Thai Will:
- The testator and witnesses should attain legal age and cannot be minors.
- The testator and witnesses should be sound-minded, as stipulated under section 1656.
- The testator should have the intention to make disposition of his/her property through last will.
- Such an intention should be voluntary and last will cannot be done due to coercion or forcibly.
- The last will should be signed by the testator and should be attested by at least two witnesses.
The last will under Thailand law can be done in the following ways:
1. Generally, the last will has to be made in writing and has to be signed by the testator and it has to be attested by at least two witnesses[1], whereby all the parties to the will should be of sound mind and witnesses cannot be deaf or dumb or blind; or under guardianship or dependents. This is crucial when making a last will in Thailand.[2], or
2. The testator may declare his/her last will as a public document to kromakarn Amphoe, before at least two other persons as witnesses and the Kromakarn Amphoe will read it after the testator declares it and the same document has to be signed by the testator and witnesses as well[3], or
3. A testator may make his/her last will by a secret document whereby the testator must sign it and witnesses has to attest that such document is the last will of the testator and such document will be sealed by Kromakarn Amphoe[4], or
4. In exceptional cases like imminent danger or war, a person can make his/her last will orally, and in such cases, the testator must declare his intention before at least two witnesses and the same witnesses should state the will to kromakarn Amphoe and same shall be attested by two witnesses[5].
Generally in case of any additions or subtractions to the last will can only be done by the testator with his/her signature and not by anybody else, following the laws governing last will in Thailand. In the case of an illiterate person, the last will can be prepared by a writer and the writer should add a statement saying that he/she is the writer, especially when dealing with assets in Thailand.
Why do I Need to Make a Will in Thailand?
The last will clearly state to whom the testator’s assets and property should go after the testators death.
In case, if the testator has no last will, then the assets and property of the testator will go through intestate succession whereby the state laws will apply and the assets of the deceased will be distributed among the classes of heirs.
Under the Thai Civil and Commercial Code, 6 classes of statutory heirs who can inherit the deceased property and assets according to their class, as outlined in section 1629.[6].
so it is important for every person to have their last will, so that their loved ones can enjoy the testator’s property and assets after his/her death.
ThaiWills.com
ThaiWills.com has revolutionized the will-writing process in Thailand since its inception in 2021.
By replacing traditional, costly legal services with a sophisticated online platform, ThaiWills.com offers a convenient, affordable, and accessible way to craft wills, ensuring your assets are handled as you wish after your passing.
The service offers bilingual support in English and Thai, ensuring that wills are not only legally sound but also meet the specific needs of both local and international clients.
With a commitment to high-quality customer service and a dedication to cost-effective solutions, ThaiWills.com stands out as a leader in modern legal services in Thailand.
This article is not intended to serve as legal advice and cannot be relied upon as legal advice, and for detailed guidance, you may wish to contact a law firm. All references to Thai law should be verified by your qualified legal advisor.
[1] Civil and Commercial Code, §.1656, (Thailand)
[2] Id. §.1670
[3] Id.§.1658
[4] Id. §.1660
[5] Id. §.1663
[6] Id. § 1629
This article is not intended to serve as legal advice and cannot be relied upon as legal advice.
Q: What is a Last Will and why do I need one in Thailand?
A: A Last Will is a legal document that specifies how you want your assets to be distributed upon your death. In Thailand, having a Last Will can help ensure that your assets are distributed according to your wishes and can simplify the inheritance process for your heirs.
Q: Who can be named as an heir in a Last Will in Thailand?
A: In Thailand, you can name anyone as an heir in your Last Will, including family members, friends, or organizations. It is important to clearly identify your chosen heirs in your Last Will to avoid potential disputes.
Q: What are the different forms of Last Wills that can be made in Thailand?
A: In Thailand, there are various forms of Last Wills that can be drafted, such as handwritten Wills, notarial Wills, and oral Wills. It is advisable to seek legal advice when choosing the most appropriate form of Last Will for your specific situation.
Q: Can a foreigner make a Last Will in Thailand?
A: Yes, foreigners can make a Last Will in Thailand to detail their assets and determine how they will be distributed after their passing. It is recommended for foreigners to seek legal assistance to ensure that their Last Will is valid and in compliance with Thai law.
Q: What are the rules regarding inheritance and estate planning under Thai law?
A: Thai law governs inheritance and estate planning, outlining specific regulations for the distribution of assets among heirs. Understanding these rules is crucial when drafting a Last Will to ensure that your wishes are carried out according to Thai legal requirements.
Q: What is the significance of the six classes of statutory heirs in Thai inheritance laws?
A: The six classes of statutory heirs in Thai inheritance laws determine the order of priority for inheritance if an individual dies without a valid Last Will or testament. It is important to be aware of these classes when planning your estate in Thailand.
Q: Do bank accounts and other assets in Thailand need to be included in a Last Will?
A: Yes, it is advisable to detail all your assets in Thailand, including bank accounts, real estate, and personal belongings, in your Last Will. By specifying these assets, you can ensure that they are distributed as per your instructions.
All references to Thai law should be verified by your qualified legal advisor.
This article is not intended to serve as legal advice and cannot be relied upon as legal advice. All references to Thai law should be verified by your qualified legal advisor.