The role of a family lawyer in Thailand

Inheritance and succession laws 

Inheritance laws in Thailand are governed by Sections 1600-1654 of the Thai Civil and Commercial Code (CCC), which stipulate that both Thai and foreign nationals must follow the prescribed legal framework for estate distribution. Under Thai law, if a foreigner passes away in Thailand, their estate must be settled in accordance with Thai legal provisions unless a valid will states otherwise. If no will exists, inheritance follows intestate succession rules outlined in Sections 1629-1635 of the CCC, distributing the estate among statutory heirs in a specific order of priority.

A family lawyer in Thailand plays a crucial role in assisting clients with drafting wills, executing estates, and resolving inheritance disputes. Thai law recognizes both Thai and foreign wills, but a foreign will must comply with Thai legal formalities to be enforceable. Under Section 1656 of the CCC, a valid will must be in writing, signed by the testator, and witnessed by at least two individuals. Failure to meet these requirements can render the will invalid, leading to legal complications.

Without proper legal planning, estate distribution may be subject to lengthy court proceedings, potentially leaving beneficiaries without access to inherited assets for an extended period. If disputes arise, heirs may need to petition the court for estate administration under Section 1711 of the CCC, prolonging the inheritance process. Moreover, estate taxation may apply under the Inheritance Tax Act B.E. 2558 (2015), which imposes a 10% tax on assets exceeding 100 million THB for non-exempt heirs.

Legal expertise ensures that assets are distributed in accordance with the deceased’s wishes while complying with Thai legal provisions. A family lawyer in Thailand helps clients structure their estate to minimize potential legal conflicts, expedite probate procedures, and protect beneficiaries’ interests. Proper estate planning, including the use of legal trusts and asset protection mechanisms, can also provide additional security for heirs, ensuring that wealth is preserved and transferred efficiently.

How do family lawyers assist international clients? 

International clients often face unique challenges when dealing with Thai family law. A family lawyer in Thailand provides essential services, including document translation, court representation, and legal consultation tailored to the needs of foreign nationals. Given the complexity of cross-border legal issues, legal assistance is necessary to navigate the different procedural and substantive legal systems that may apply.

For expatriates involved in family disputes, language barriers and unfamiliarity with Thai legal processes can create significant obstacles. Thai courts require official documents to be translated into Thai and certified before submission. Under Section 29 of the Thai Civil Procedure Code, legal proceedings must be conducted in Thai, making it difficult for foreign litigants to represent themselves without the assistance of a bilingual lawyer. Legal professionals bridge this gap by offering translation services, ensuring that international clients fully understand their legal rights and obligations.

In cases involving cross-border marriages or child custody disputes, a family lawyer in Thailand coordinates with legal experts in multiple jurisdictions to achieve favorable outcomes. Thailand is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a framework for resolving international custody disputes. Thai courts determine custody based on Sections 1561-1598 of the Civil and Commercial Code, prioritizing the best interests of the child. If one parent unlawfully removes a child from Thailand, a family lawyer can assist in filing claims under the Hague Convention to secure the child’s return.

Additionally, international clients often require legal assistance with property division during divorce proceedings. Section 1474 of the CCC establishes that property acquired during marriage is jointly owned unless otherwise specified in a prenuptial agreement. A family lawyer in Thailand ensures that foreign clients’ rights to marital assets are properly defended in accordance with Thai law.

For expatriates seeking legal protection in domestic violence cases, Thai law provides recourse under the Protection of Victims of Domestic Violence Act B.E. 2550 (2007). This legislation allows victims to seek protective orders and legal remedies against abusive spouses. A family lawyer assists clients in obtaining court protection and ensuring compliance with judicial orders.

Conclusion 

Navigating Thai family law requires expertise, particularly for international clients unfamiliar with local regulations. A family lawyer in Thailand plays a crucial role in protecting clients’ legal rights in matters concerning marriage, divorce, child custody, and inheritance. Given the complexity of these legal issues, seeking professional legal assistance ensures compliance with Thai law and prevents unnecessary legal disputes.

Whether a client needs to register a marriage, negotiate child custody, or settle an estate, a family lawyer in Thailand provides essential legal guidance. Without expert legal representation, individuals may face prolonged legal battles, financial losses, or difficulties enforcing their rights. With the assistance of a qualified legal professional, international clients can navigate Thailand’s legal system with confidence, ensuring that their family-related legal matters are handled efficiently and in accordance with the law.