Are you a foreigner who wants to know how to make a will in Thailand? If yes, then you have come to the right place to learn all about Last Will and Testament in Thailand.
What is meant by estate planning in Thailand?
Estate planning is a common concept in Thailand according to which the attorney and client decide how to plan a structure for dividing the assets of the client, and how the estate will be disposed of when the client dies. The attorney drafts the last will and testament for his client by making sure that all the relevant Thai laws are adhered to, and also keeps the client’s needs and objectives into consideration.
What happens with the property of a person who dies without making a will in Thailand?
A will helps in the distribution of the property of the deceased person among the people he wishes his property to be divided. However, it is very common for people to die without making a will in Thailand. In situations where a person in Thailand dies without making a will, then the entire estate of the person will be divided among his legal heirs as laid down under the Thai inheritance statutory law. According to Thai law, six classes of legal heirs will inherit from the deceased person’s property in the order as described below:
- Descendants
- Parents
- Full blood brothers and sisters
- Half-blood brothers and sisters
- Grandparents
- Uncles and aunts
How is a property transferred at death as per Thailand probate law?
According to Thai probate law, a probate order is required to be obtained from the Thailand Probate Court for the purpose of transferring property at death. It must be noted that property can either be transferred through a will or intestate succession at death. In both these cases, the property can only be transferred once the court approves and issues orders for the property to be transferred in Thailand.
What is meant by ‘Probate of an Estate’?
Probate of an estate can be defined as the administration of the deceased person’s assets after his death. If the deceased person left behind a will, then the probate will be administering the deceased person’s will, however, if there exists no will, then the probate will administer the deceased person’s estate. It must be kept in mind that ‘probate estate’ is the entire property that a person owns at the time of death.
Why is probate administration crucial?
Probate administration is important as it helps in protecting the assets of the deceased person by making sure that it gets divided according to the person’s will and to his legal heirs. It is necessary to present relevant evidence before the Probate Court to prove that you are a legal heir of the deceased person, and only then you will get your legal share in the deceased person’s estate.
Are foreign wills enforceable in Thailand?
Foreigners are not required to make another last will in Thailand, since foreign wills are enforceable in Thailand based on certain conditions.
Under what circumstances a foreigner is not required to make a separate last will and testament in Thailand?
Foreigners are not required to make a separate last will in Thailand if they are residents in Thailand, own real estate, or are married to someone in Thailand who is a national.
What are the valid categories of a will?
According to Thai Inheritance law, there are three kinds of valid wills:
- Wills that are made before public officials
- Wills that are validly witnessed
- Holographic wills
What is the most common type of last will made by foreigners in Thailand?
There are various kinds of wills that can be made in Thailand as described under sections 1655 to 1672 of the Civil and Commercial Code. However, the most common type of last will that is made by foreigners in Thailand is described under section 1656 of the Thailand Civil and Commercial Code. According to section 1656 of the Thailand Civil and Commercial Code, a will must be made in writing that is signed by the testator and two witnesses present at the time when the will is being signed by the testator.
How to make a last will in Thailand?
There are a few things that must be added to a will. Make sure to add your personal information, the personal information of your legal heirs, and that of the executors in the will. Enlist all your assets in the will and how you wish to divide them. It is always best to consult an attorney when making your last will. You can also check any last will and testament samples that may be available on the internet to ensure that you are following the correct format for your will.
Who can draft a valid last will in Thailand?
According to section 25 of the Civil and Commercial Code of Thailand, any person who is above the age of fifteen years old can make a last will in Thailand.
Which type of will is the simplest among all?
Holograph will is the simplest kind of will among the three forms of will in Thailand since you won’t be required to spend money on it. Moreover, unlike other forms of wills, a holograph can be hand-written and does not need to be typed. In addition to this, a holograph will not need to be signed by the witnesses.
Can a foreigner be a statutory heir of his wife in Thailand?
According to section 1629 of the Civil and Commercial Code of Thailand, any foreigner who is married to a Thai national can be a statutory heir of his spouse, provided that he applies for permission of ownership under section 93 of the Land Code Act.
Assistance of a Thailand Lawyer
Siam Legal is a law firm in Thailand that offers various services that are designed to protect the rights and interests of foreigners in Thailand. Should you have any questions or issues relating to last will and testament in Thailand that need to be addressed, our team of Thailand probate and property lawyers invite you to contact us through the link below:
