Drawing up a will is an important step for anyone who owns assets in Thailand. Contacting a legal professional for personalised advice and to ensure compliance with Thai law is highly recommended.
Having an estate plan in place protects your wishes and ensures that your loved ones are taken care of after your death. There are several recognized forms of a will in Thailand.
Basic Requirements
In order to make a valid Thai Will you need to follow certain procedures. It is important to consult a professional before deciding which type of Will to prepare.
A Will should clearly set out your wishes with respect to distributing your assets and property. It should be dated and signed in the presence of two witnesses. It is also advisable to include a statement that the Will is your last will and testament.
The Will should also list all the assets and properties that you own in Thailand including land, house, car, bank accounts, cash at hand, jewellery, quoted shares etc. If you are married it is a good idea to include a clause that outlines the rights of your spouse.
You should also include any special instructions or requests with regards to a Healthcare Directive, Guardianship of children, memorials and pets. It is also a good idea to incorporate a severability clause (in case one part of the Will is found to be invalid).
Forms
When considering your assets, and how they will be dispersed upon your death, estate planning is essential. This usually involves an attorney and client working together to structure a legal plan that meets the client’s objectives while complying with Thai law. This may include the drafting of a last will and testament, as well as the establishment of other legal structures.
For a will to be valid in Thailand it must contain certain information: the testator’s name and address; the type of property being disposed of (e.g. house, car, jewelry, cash in bank) and its value; the names of legatees; and a declaration that it is a will. Additionally, it must be signed in the presence of at least two witnesses, notarized and registered with the local district office.
If you are a foreigner closely connected to Thailand, it may be possible to include in your Thai will a ‘limited jurisdiction clause’ which will limit its effect to only your assets located in Thailand.
Distribution of Estates
Our Thailand lawyers help people from all over the world to make legal testaments and to arrange their assets in accordance with the Thai Inheritance Law so that after their death, their properties are distributed to their beneficiaries.
The distribution of the estates depend on whether the deceased has left a Will or died without a Will (intestate). The heirs are classified into six classes and each class gets an inheritance share which varies. The surviving spouse is considered to be a special class and is entitled to a larger share than the other classes of heirs.
Before the heirs can receive or manage the estates, they must apply to the court for estate administration. The application should be supported with documents proving the relationship between the petitioner and the deceased, i.e. birth certificate, marriage certificate, house book, identification card etc. as well as documents relating to the estates such as land title deed, condominium unit ownership certificate, car registration book etc.
Intestacy
If a person dies without a valid will, the estate passes to heirs through intestacy. Probate courts determine the beneficiaries and allocate assets according to state law. The laws vary widely among states. They usually give priority to spouses, children, and extended family members. If there are no relatives or descendants, the property reverts to the state.
A well-drafted last will and testament allows you to structure the distribution of your estate. It can ensure that your heirs receive what you want them to, rather than leaving the selection and distribution of assets up to Thai law regarding inheritance without a will. If you have a will or binding declaration from another country, it may be recognized in Thailand, but the court must consider Thai laws regarding intestate succession and inheritance. Foreign judgments are not directly enforceable in Thailand, but may be introduced as evidence in probate proceedings. Intestacy can also occur when a will or declaration covers only part of the estate.
