Thai Will and Testament

A Thai will and testament is an essential legal document, which is considered as the first building block to a good estate plan.

It is essential to give your family the maximum protection by preparing your last will and testament both in your home country and Thailand. There are certain complications and complexities associated with the property that is owned in Thailand that may land one’s loved ones in some legal hassles after they have passed away.

For example, a property that you have listed in the contract will hold value even if you haven’t lived in it. Hence, it is always a wise idea to avail the services of experts to form a Thai will.

Requisites For Preparation Of The Thai Will

Intestate’s assets should be distributed according to the classes of relations as stated in the CCC Section 1629 in order of priority;

    • Descendents
    • Patents
    • Brothers and sisters (full blood)
    • Brothers and sisters (half blood)
    • Grandfathers and grandmothers
    • Uncles and aunts

Making A Thai Will

By making a will the individual or the testator mentions;

    • His final wishes
    • What he wants to do with all his possessions after death

Different Forms Of Thai Will And Testament

Registered Secret Document

Thais and Thai speaking nationals having a resident in Thailand can prepare a last will based on the section 1660’ as a secret document’ that is registered with the local municipality.

Under Section 1660, a secret document must;

    • Have signature of the testator
    • Have a close up signature across the place of closure
    • Be procured before the Kromakarn Amphoe (local municipality) and two witnesses to declare that it includes his testamentary disposition.
    • Be signed by the testator and the witnesses after the Kromakran Amphoe has noted the declaration of the testator upon its cover and sealed thereupon.

Registered Public Document

A will can be created as the registered document under section 1658 with the Kromakarn Amphoe. The individual (testator) states wishes to the authority that notes down the last will in the Thai script.

Under Section 1658;

  • The testator must make a declaration to the Kromakarn Amphoe, where there should be at least two other persons present as witnesses
  • The declaration of the testator must be noted by the Kromakarn Amphoe that must be read to the later
  • Both the testator and the witnesses must sign the names after ascertaining that the noted statement by the Kromakarn Amphoe is same as the testator’s declaration.
  • The officials must sign the declaration noted by the Kromakarn Amphoe

Private Unregistered Written Document

This is the most common type of will in Thailand that is written and testament.

Under section 1656, the will can be made in the below mentioned forms, which is to say that it must be;

  • In writing.boi policy
  • Dated at the time of making
  • Signed by the testator before two witnesses, etc.

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