Feb 13

Last Will and Testament in Thailand

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Last Will and Testament in Thailand

This is about the Last Will and Testament in Thailand. A Thailand Last Will is a legal document where an individual expresses his or her decision as to who will inherit his or her wealth, and what part of the assets goes to who upon his or her demise. Without a Thailand Last Will and Testament, the law gets to decide who receives what. Regardless how little or how much property an individual may have, you would want to make sure that the right people receive their share after your death. Note that this is not a Living will in Thailand which you can find elsewhere on this website.

Thai

Last Will and Testament in Thailand

Types of statutory heirs in Thailand:

  • Descendants
  • Parents
  • Full blood brothers and sisters
  • Half blood brothers and sisters
  • Grandfathers and Grandmothers
  • Uncles and Aunts

It is also stated that the surviving spouse as a statutory heir, as long as there was a legal and registered marriage. A Last Will and Testament lets and individual choose his or her heirs and outline specifically his or her last wishes. It guarantees that all your wishes will be respected soon after you die – making succession much easier to settle as probate in Thailand will be faster. This is also known as winding up an estate in Thailand from the Roman Dutch perspective.

Benefits of a Last Will:

  • Gives an individual peace of mind and protection;
  • Manages the division or distribution of your properties and assets;
  • Appoints and Administrator of your properties;
  • Appoints a guardian for your Minor children;
  • Includes/Excludes provision for specific people;
  • Protect the inheritance of loved ones;

There are several forms of Last Will and Testament: the Holograph Wills, Wills made in front of witnesses, and Wills made in front of public authority. The Holograph Will is the simplest form of Wills, it does not cost anything and may contain only a few sentences. This type of will should be hand-written, dated and signed – no need for witnesses. The next type of Will is the one made before 2 witnesses. This type of will must be typed, can be written by someone else, and should be made in front of two witnesses who are aware that this constitutes your Last Will and Testament. The last type of Wills is the one made in front of a public authority, which has to be registered at the Amphur. This type of will has many advantages concerning the authenticity of the said document, and is considered as the most difficult will to contest in Thailand.

Some prenuptial agreements may also include a clause in the contract stating your wishes in case of death. Wills in Thailand can be changed anytime, as the author wishes.