Last Will and Testament in Thailand

Mar 8

You may not like the idea of planning a last will and testament. However, doing so will ensure that your final requests are honored and your loved ones are not burdened financially.

Be forewarned – If you do not prepare a last will and testament in Thailand, the law will decide on how to distribute your estate. This legislation is represented by Sections 1599 to 1603 of the Thai Civil and Commercial Code (CCC). This part of the Code covers succession and general provisions.

Inheritance Laws

If your estate involves international issues, it is settled pursuant to the Thai Conflict of Laws Act for succession (Sections 37 to 42). According to the law, or Section 1629 of the Civil and Commercial Code (CCC), inheritance naturally falls to six classes of family members, as follows:

Descendants of the deceased
Parents
Full-blood sisters and brothers
Half-blood sisters and brothers
Grandparents
Aunts and uncles

Included in the above list is the spouse of the decedent, who is considered a statutory or legal heir. What he or she receives depends on the number of statutory heirs. In Thailand, the inheritance law does not embrace the idea of a statutory share. Therefore, the creator of the will can disinherit a family member or heir. If there are no survivors at the time of death, the state will oversee the management of the estate.

Why You Need a Will?

Legal advisors recommend that you draw up a last will and testament, even for a small estate. Doing so will give you control over what happens to your assets and property after you die. You should include the following in the document:

Property owned in Thailand
Bank accounts
Vehicle(s)
Personal items – valuable or sentimental

You need to name the heirs to ensure that they receive what you want them to receive. If you do not do this, the statutory heirs, legally, possess the burden of proof that they are the designated next of kin. Your estate will be thrown into probate, which can turn out to be a long, if not difficult, process. If a statutory heir does not live in Thailand, he or she usually will have to hire a Thai attorney to represent them. This type of activity can be prevented if you create a will.

Appointing Your Attorney as Administrator

When you have your attorney write a last will and testament, you also want to name an administrator for your estate. You can appoint your current attorney for the task if you so choose. Because he or she will be fully apprised of your last wishes, appointing your lawyer makes good sense.

Creating a Living Will

You may also want to create a document, called a Living Will. This legal document is designed to provide caregivers a directive as to what to do if you are seriously injured or, because of a serious illness, cannot communicate.

For instance, if a sickness or injury leaves you comatose or in a vegetative state, the living will be used to give a direction to cut off life support and allow you to die naturally. The instructions of a living will can be added to your last will and testament. You can also include funeral arrangements in your will.

Also, take note – If your Thai partner or spouse owns assets in his or her name, especially assets that have been paid by you, you should also have them consult with an attorney about drawing up a will.

Drawing Up and Signing the Thai Will

A common will, when drafted in Thailand, must be in writing and dated. The testator, or the person making the will, must sign and agree to the will before two witnesses. Legally, you do not have to create a will in the Thai language.

However, legal counselors recommend that it is best to draft the will in both the Thai language and English if that is the other language you speak. As courts only recognize documents in the Thai language, doing so will prevent any problems with distribution when you die.

If you are from another country, you should prepare a will in Thailand for your assets in Thailand as well as a will for the assets you own in your country of origin. Therefore, you should have a Thai will and a will that takes care of your final wishes for your home country. This is important to do, as different venues have established different requirements.

Having a will drafted in your home country that lists and covers your property and assets in Thailand may become problematic. That is why you need to have a will in place in each locale. If you include Thai assets in a home country’s will, your family will need to have the document translated, notarized, and sanctioned by the government.

If your assets in Thailand include a leasehold right or a house, the Thai judicial system will oversee the succession through probate. If your assets can be moved, or include shares in a Thai-based company, the domicile of the deceased, according to Thai law, will be applied at the time of death.

What Is a Domicile?

The domicile is the locale where a person makes his or her permanent home. It does not need to be in a testator’s country of origin or where he or she currently resides. Neither does it have to be in the place where he or she dies or be associated with his or her nationality. The status of one’s domicile may change according to a person’s personal situation or work.

Determining the Domicile of the Decedent

When a person dies, lawyers determine the domicile to see how the probate process will succeed. This helps them manage the deceased’s estate. A number of factors can help them determine the domicile so the estate can be managed.

The real estate that was purchased as a home and where it is located.
Who was living with the deceased at the time of death
The decedent’s nationality and location of permanent residence.
The length of time decedent lived in a specific country.

As you can see, laws may conflict when an estate is managed. That is why you need to speak to estate planning attorneys in Thailand and your home country, if applicable. If you own property in both places, you need to make sure it is distributed so there are no family disputes or unexpected financial hardships when you die.