Drafting a Thai Last Will as a ForeignerApril 28, 2019
This is drafting a Thai last will. Foreigners who have close ties with Thailand can make a Last Will in Thailand under Thai law to secure their assets and designate Thai law to expedite the succession of their estate in the Kingdom. In making a Thai Last Will you should make sure that your foreign will does not include Thailand, and any other last will that you will be making in another country does not supersede with the dispositions covered by your Thai Last Will.
Drafting a Thai Last Will
A Last Will is a legal document wherein you can state your decision regarding who will inherit your wealth and which part goes to whom when you die. The Commercial and Civil Code of Thailand (CCCT) states that if there is no Last Will drafted, the law decides who gets what. Regardless how little or how much property you have, you want to ensure that it is distributed to the right people after you die.
The six classes of statutory heirs in Thailand are as follows:
- Full-blood Brothers and Sisters
- Half-blood Brothers and Sisters
- Grandfathers and Grandmothers
- Uncles and Aunts
Drafting a Thai Last Will
For legal and registered marriages in Thailand, the surviving spouse is also considered as a statutory heir. A Last Will lets you decide who you choose to be your heirs and outline all your last wishes. This, and it guarantees that everything will be respected making your succession much easier. There are various forms of Last Wills in Thailand, namely: the Holograph Will, Wills signed in front of 2 witnesses and Wills made in the presence of a public authority.
The Holograph Will is the simplest form of all Wills in Thailand. It basically is free and only contains a few sentences and phrases. This type of will should be written by hand, dated and signed – not typed. And no witness is needed for this type of Will.
The Thai Will signed before two witnesses is a type of Will in Thailand which should be both hand written or typed by yourself or somebody else, and should be drafted in front of two able adults who are aware of the fact that you are making your Thai Last Will and Testament. The testator and the two witnesses should sign the document afterwards.
The Will made in the presence of a public figure is usually registered at the local district office or Amphur. Making it more advantageous in terms of authenticity of the document. This type of Will in Thailand is the most difficult will to contest in the country. However, the first two types of wills mentioned above are also legally binding. If the will itself follows the requirements of Thai law. Always speak to a lawyer about drafting a Thai last will while in Thailand.