Last Will and Testament

Let’s talk about wills again. No one wants to think about it during his life, but then there is nobody to think about. However, the heirs are getting lots of issues to worry about, like to collect and legalize the documents, to prove the kinship and their rights for inheritance.

Let's start with the fact that in Thailand the inheritance of the property is made by law or by will. The advantages of the will are obvious.

Firstly, the heir by will doesn’t need to prove his relationship with the testator, the heir may be a relative or a friend, neighbor or any other person appointed in the will.

Secondly, the property can be fully transferred to one person, or divided among several heirs in any proportions.

Thirdly, the testator appoints an administrator, who assumes the functions for the will implementation.

Fourthly, if the heir is minor, a curator may be appointed in the will.

Fifthly, in the will, in addition to the property distribution, non-material issues may be mentioned as well. For example, the place where the testator wishes to be buried and the way he wants to be buried are may be specified. The person responsible for this part of accomplishment will be the administrator as well.

Finally, a will can be changed at any time. The testator can also change the heir or to redistribute property in accordance with new circumstances. A new will automatically cancels the previous one.

What can be bequeathed? Any property belongs to you in Thailand – condominium, money in the bank account, vehicle, shares in a company. The will does not apply to the property in another country.

The will must be made and signed in Thailand. The testator must be at least 15 years old. The will must be made in a language understandable to the person who signs it and in form stipulated by the legislation. There are several options:

1. The will written by testator’s hand. In this case, the signatures of witnesses are not required.

2. The will signed in the presence of state officials.

3. The will signed in the presence of two witnesses. This document must be in printed form indicating the person who composed the text.

In any case, it would be better to task a lawyer to write a will. On the one hand, he will take into account all the legal requirements to the document, will use the correct terminology and will eliminate the possibility of ambiguous interpretation. On the other hand, law firms usually make several copies of wills, one of which remains in the company’s safe box. Hence, the client receives a guarantee that the document will not be lost.

For more information, please call us: + 6694-886-7492 or [email protected]