Thai Will and Succession

A Thai Will and Succession allows you to stipulate how you want your assets to be distributed upon death. It will also identify your legal heirs. Without a Will the law will decide who gets what which can lead to added expenses for your family.

Foreigners closely connected with Thailand (for example married to a Thai national) can make a legal Will that includes a limited jurisdiction clause and relates only to their assets in Thailand.

What is a Will?

A will is a legal document that states an individual’s wishes on how their property and assets will be distributed after their death. It also allows them to appoint an executor who will carry out the provisions of the will.

It must include the identification of the testator and of the beneficiaries. It should also clearly state that it revokes any previous will or codicil. It must be written in English and Thai and signed by the testator. It must also be witnessed by two people who have not been beneficiaries or the executor of the estate.

It is recommended that foreigners have a will to cover their assets in Thailand as it can avoid unnecessary complications and quarrels between family members. A will can also be used to avoid paying inheritance tax. It can also prevent heirs from being forced to sell their share in a business. It can also save time and money as the process of settling an estate in Thailand is much faster when a will is available.

The Holograph Will

Holographic wills are handwritten wills that, in most states, are valid as long as the signature and main components of the document are in the testator’s own handwriting. This type of will is a common choice for people who want to save on legal fees by creating their own estate plan. However, if the will contains errors, or if it does not meet state requirements (such as a statement of when it was created), it may be contested in probate court and result in unintended consequences for family members.

As with any legal document, it is often best to consult with an attorney for a will that complies with the laws of your state and clearly reflects your wishes. A holographic will can also be difficult to prove in court since it does not have witnesses present to attest to its validity. In addition, a holographic will may not dispose of all of your assets, so that other items could pass to unintended beneficiaries under state intestacy statutes.

The Will Made in Front of a Public Authority

It is never pleasant to think about death but if one owns assets in Thailand and wants to ensure his or her wishes are respected upon death then a will is advisable. It helps to avoid confusion and conflicts between heirs.

In the absence of a will and the deceased was not a naturalized citizen, then the distribution of property and assets would be decided by law according to Book VI of the Civil and Commercial Code. Under this, the surviving spouse qualifies as a statutory heir and must receive half of the estate before being distributed to other heirs (i.e., brothers and sisters of the full blood, parents, uncles and aunts) in a specific order outlined by Thai inheritance law.

It is therefore advisable that foreigners who own assets in Thailand draft a will with the help of a lawyer to make sure it is valid. This should include a limited jurisdiction clause and only cover assets situated in Thailand like investment properties, bank accounts, cash assets and company shares.

The Will Made in Thailand

It is a good idea for people who own property in Thailand to make a will. A will gives you the opportunity to select heirs, appoint an executor, and provide instructions regarding your assets and property in case of your death.

For a will to be valid in Thailand it must be in writing, dated and signed by the testator in the presence of at least two witnesses who sign their names to certify that the signature is genuine. It should also clearly identify the testator, the beneficiaries, and the executor.

For those who die without a will, inheritance will be determined by the law on intestate succession. This could result in a situation where a person’s estate is transferred to someone they did not want to receive it. Banchee Legal House can assist with the preparation of a Thai Will and other relevant documents for clients who have assets located in Thailand.

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