Making a Will in Thailand

What is a testament ?

In Thailand, a will is a legal document that distributes a person’s assets and property after death. It is commonly known as a will. A testament allows individuals to express their final wishes regarding how their estate should be divided among their beneficiaries.

A will in Thailand typically includes provisions such as naming beneficiaries to receive specific assets or a share of the estate, appointing an executor to oversee the distribution process, naming guardians for minor children, and specifying any other relevant instructions or conditions.

Thailand has specific legal provisions governing the making and executing of wills, primarily set out in the Thai Civil and Commercial Code. 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. You will be making a will in Thailand by Thai law.

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. Name your beneficiaries and their respective shares or assets, appoint an executor to administer your estate, and address any other relevant issues, such as guardianship of minor children.

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). Ensure you comply with these formalities to ensure the legal validity of your will.

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. Consider leaving a copy with your solicitor or in a safe deposit box.

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. They will distribute assets, pay debts and deal with any legal matters relating to the estate. It is essential to choose a responsible and trustworthy person for this role.

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. They can provide guidance, ensure compliance with applicable laws and address any specific concerns or complexities regarding your will.

Contacting a legal professional in Thailand for personalised advice and ensuring compliance with current legal requirements is advisable.

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. Registration helps establish the existence and authenticity of the testament.

Testamentary Capacity and Freedom: The testator has the freedom to distribute their assets and property as they wish, within the boundaries of Thai law. However, certain restrictions and obligations, such as statutory spousal and child inheritance rights, must be considered.

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 (a separate document that modifies or adds to the original testament). It is essential to follow the same formalities for revocation or amendment. 

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.

It is necessary to note that testamentary laws and regulations may change over time, and it is appropriate to seek professional legal advice from an estate planning attorney or a legal professional in Thailand to ensure compliance with the current regulations when creating a testament.

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. They must be reduced to writing within a specified period and registered with the District Officer or an official at the local Amphur.

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. They can provide guidance based on your circumstances and help you choose the most appropriate kind of will for your needs.