Making a Will in Thailand

What is a testament ?

In Thailand, a will is a legally binding document that sets out how a person’s assets and property will be distributed after their death. The governing law is the Civil and Commercial Code of Thailand, which contains specific provisions on inheritance and succession.

A properly drafted will allows an individual (the testator) to clearly state their final wishes regarding the management and distribution of their estate. Without a valid will, the estate will be distributed according to Thailand’s statutory rules on intestate succession, which may not reflect the deceased’s personal intentions.

A will in Thailand typically includes:

• Appointment of beneficiaries: Identification of individuals or entities who will receive specific assets or a percentage of the estate.

• Appointment of an executor: Naming a trusted person to administer the estate, settle debts, and distribute assets according to the will.

• Guardianship of minor children: Designating a guardian to care for minor children, subject to court approval.

• Specific instructions or conditions: Including funeral wishes, management of business interests, or conditional gifts.

Thailand has specific legal provisions governing the making and executing of wills, primarily set out in the Thai Civil and Commercial Code. You can consult the official English translation provided by the Office of the Council of State for detailed information. These provisions prescribe the formalities required for a will to be considered valid in Thailand, including the presence of witnesses, notarization, and registration.

It is important to note that the wills laws in Thailand are subject to change, and it is advisable to consult a lawyer or estate planning attorney in Thailand to ensure compliance with the current rules and to create a valid and enforceable will.

How to use a testament ?

You must follow specific steps and procedures to use a will in Thailand. Here is how to use a will in Thailand:

Create a testament: The first step is to create a will, commonly known as a testament. You can draft the will yourself or seek the assistance of a lawyer or estate planning attorney in Thailand to ensure its validity and compliance with applicable laws.

Include necessary information: Your will should include essential information such as your address, full name or other identifying details. Clearly state your intentions regarding distributing your assets and property after your death.

Follow the formalities: In Thailand, certain formalities must be complied with for a will to be valid. These formalities may include the presence of two witnesses to the signing of the will, notarization of the document, and registration with the local Amphur (District Office).

Safekeeping: Once your will has been drawn up, it must be kept safe. Inform your executor or a trusted person of the existence and location of your will, as they will need access to it after your death.

Review and update regularly: Life circumstances can change over time, such as the birth of children, the acquisition of new assets or changes in relationships. Reviewing and updating your will is essential to accurately reflect your current wishes. Consult a legal professional if you need to amend or update your will.

The role of the executor: After your death, the appointed executor will be crucial in administering your estate according to the instructions in your will.

Legal assistance: While it is possible to draw up a will on your own, it is highly recommended that you seek legal help from an estate planning solicitor or legal professional in Thailand.

What are the regulations concerning a testament for making a will in thailand?

In Thailand, the regulations concerning a testament, commonly known as a will, are primarily governed by the Thai Civil and Commercial Code. Here are some key regulations to be aware of:

Legal Capacity: To create a valid testament in Thailand, the testator (person making the will) must have legal capacity. This means being at least 15 years old and sound legal when making a will in Thailand.

Form and Execution: The Civil and Commercial Code stipulates certain formalities for the form and execution of a testament in Thailand. These include:

Written Form: A testament must be in writing, either handwritten or typed. Oral wills are not recognized under Thai law.

Witnesses: Two witnesses must be in the room when the testator signs the will. The witnesses must be 15 years old, of sound legal, and not disqualified by law from being witnesses.

Testator’s Signature: The testator must sign each page of the testament, and the witnesses must also sign the document. Having all signatures witnessed by an official at the Amphur (District Office) or a notary public is advisable.

Registration: While registration is not mandatory, it is recommended to register the testament at the local Amphur or the Provincial Court.

Testamentary Capacity and Freedom: The testator has the freedom to distribute their assets and property as they wish, within the boundaries of Thai law.

Revocation and Amendment: The testator has the right to revoke or amend their testament at any time before their death. This can be done by executing a New Testament or completing a codicil.

Interpretation and Disputes: In the event of any ambiguity or disputes regarding the interpretation of a testament, Thai courts will interpret it based on the testator’s intention, considering the document’s wording and the surrounding circumstances.

What law applies?

In Thailand, the primary law applicable to wills (or testaments) is the Thai Civil and Commercial Code. The Civil and Commercial Code is a comprehensive legislation governing various civil and commercial matters in Thailand, including testamentary issues.

The Civil and Commercial Code provides the legal framework for the making, execution, revocation, interpretation and administration of wills. It sets out the requirements for the form and execution of wills, the rights and obligations of the testator, the rights of heirs and beneficiaries, and the role of the executors in administering the estate.

It is important to note that although the Civil and Commercial Code is the primary legislation governing wills in Thailand, other laws, regulations, and case law may also be relevant in particular cases or situations. These additional laws may include family law provisions, tax laws and rules relating to the registration and administration of estates.

To ensure legal compliance with the laws and regulations and obtain comprehensive legal advice regarding wills in Thailand, it is advisable to consult an estate planning attorney or legal professional familiar with Thai inheritance laws and practices. They will provide guidance and assistance based on your situation’s specific circumstances and requirements.

What are the different types of will? 

Three main types of wills are recognized under the Thai Civil and Commercial Code in Thailand. If you wish to making a will in Thailand, here are the different types:

Public Will (Will Made Before an Officer): A public will is made before an officer, typically a District Officer or an official at the local Amphur (District Office). The testator creates this type of will in the presence of two witnesses and the officer. The officer records the will and keeps it in safe custody. Public wills are often used when the testator desires to ensure the security and integrity of the testament.

Closed Will (Sealed Will): A closed will is a will that is prepared by the testator and sealed in an envelope or container. The testator signs each page of the will, and the witnesses sign on the cover or seal. Closed wills must be presented to the District Officer or an official at the local Amphur for registration and safekeeping. After the testator’s death, the will is opened in the presence of witnesses to ascertain its contents.

Oral Will (Nuncupative Will): An oral will is a will that the testator speaks in the presence of two witnesses. It is typically used in emergencies when the testator faces imminent death and cannot create a written will. Oral wills are subject to certain limitations and only valid for small-value personal estates.

You must note that while these are the main types of wills recognized in Thailand, it is advisable to contact an estate planning attorney or a legal professional in Thailand to understand the specific requirements, limitations, and implications for making a will in thailand.

Conclusion : 

Wills in Thailand are governed primarily by the Civil and Commercial Code, which sets out the requirements for validity, execution, and administration. A testament must follow strict legal formalities to be enforceable, and different types of wills ; such as public, closed, and limited oral wills ; are recognized under Thai law.

To ensure the will reflects the testator’s intentions and avoids future disputes, careful drafting, proper execution, and periodic review are essential. Seeking legal advice helps ensure compliance and smooth estate administration.

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