How To Make A Thai Will
Inheritance and last wills in Thailand
A last will and testament in Thailand is the instrument by which a person declares his will as to disposal of his assets or estate and effects after his death. A Thai will and testament to be valid, must be made by a person of sound mind and it must be in one of the forms as prescribed (formally laid down) in chapter II of the Civil and Commercial Code sections1655 to 1672, as long is it is executed and published in due form of law.
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1. The most common will and testament in Thailand is a 'last will' in writing, dated at the time of making and signed by the testator in the presence of at least 2 witnesses who sign their names to certify the signature of the testator (section 1656 of the Civil and Commercial Code). We regularly draft this type of wills for our clients as an online service. We offer a professional last will drafting service in Thai and English based on a standardized questionnaire procedure for 4,800 THB which includes free email support.
2. A last will in Thailand can also be made as a public document at the local amphur (or in Bangkok these local public offices are called Khet), by a declaration to the relevant public officer. Thai language skills is generally required to make a will by public document as the testators must declare his wishes to public officer who in his trun must write down the testators declaration in the will(section 1658 of the Civil and Commercial Code). The official must again read it to the testator and witnesses who following must sign the last will drawn up by the public officer.
3 A last will can be made at the same amphur by a secret document. The testator in this case must close the document (his last will), sign it and hand it over to the same official (section 1660 of the Civil and Commercial Code). Two witnesses must also sign the closed document and the official will seal the closed last will and testament.
4. A person may under Thai law in certain cases, i.e. exceptional circumstances such as imminent danger of death and where the person is prevented of making his will in any of the other forms a prescribed in Chapter II sections 1655 to 1672 of the Civil and Commercial Code, make a valid will by word of mouth only.
5. A person under Thai law may also make a holographic testament, i.e. a testament written wholly by the testator himself, including the date of writing and signature of the testator (section 1657 Civil and Commercial Code).
A person must be at least 15 years of age or he cannot witness or make a will.
The execution of a last will in Thailand is subject to the appointment of an executor and the court determines if the testator has made a valid will. If no valid legal will has been made, i.e. the property of the deceased is not disposed of by a legal will, the estate will be divided among the statutory heirs according to the law.
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Remember that should you die in Thailand the Thai authorities first hand over jurisdiction to your embassy! A Thai will may not do you any good
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