Now that same sex marriage is available in Thailand, many same sex couple forget about drafting a will as a couple. This gives you a break down of the process of drafting a will. You can also see the other article on this website when it comes to drafting a will. Note that there are articles on this website for example leaving living will in Thailand as well as drafting a will in Pattaya as well.
Note that marriage while essential, is just one piece of the puzzle. Drafting a will in Thailand, especially for same-sex couples, is critical. This will ensure that your assets and loved ones are legally protected after you pass on. Note that in Thailand the default inheritance laws may not favor non-biological next of kin.
So you can read about the legal landscape of LGBTQ+ rights in Thailand. We have outlined the same sex marriage registration process as well as drafting a Thai will or your same sex prenuptial agreement as well.
Transgender people (known locally as “kathoey”) have had a number of problems in the past because the law did not accept them as normal Thai society. However, for decades, Thailand lacked comprehensive legal protections:
· Firstly there was no legal recognition of same-sex relationships.
· Secondly there was no anti-discrimination laws based on sexual orientation
· There was never a legal gender change
· Fourth, there was no adoption rights for same-sex couples.
· Finally there was no spousal rights in inheritance or immigration.
The Marriage Equality Act took legal steps to normalizing same sex relationships. The bill was under review as it was to amend Section 1448 of the Civil and Commercial Code. There was the push to change gender-specific language with gender-neutral terms. His and her will become persons. This was changed. Now that the law has changed you will not how this affect prenuptial agreements for same sex persons as well as on your drafting of a will.
This law brings with it:
As we can see that Thailand will be the first Southeast Asian country to fully legalize same sex marriage.
Pattaya has become a haven for same sex couples. If you have never been in Thailand then Pattaya is a coastal city south of Bangkok with a vibrant nightlife. There is where you will find many of those who have retired in Thailand. For many years many expats have cohabited and built their lives in Pattaya. Now there are legal rules for this.
You will not that the legalization of same-sex marriage will transform Pattaya into more than just a cultural haven—it will become a place of legal equality for its LGBTQ+ for visitors as well as for the residents. Likewise read more on the same sex drafting a will in Pattaya.
Who Can Marry
Now that same sex marriage has become legalized. You can now get married as a heterosexual partners.That includes:
If you want to get married in Thailand, couples must:
For the Thai Nationals:
· Provide your partners Thai ID card and House Registration Book (Tabien Baan)
For Foreign Nationals:
Final Steps:
Likewise read more on the same sex drafting a will in Pattaya. Lastly you can also see the Thai permanent residency requirements as well as Thai divorce lawyer.
What Happens Without a Will in Thailand
If you die in Thailand without a will then your partner will be left out of his/her inheritance. The reason for this is that Thai inheritance laws will take over the managing of your estate. You can see that without a will then then Thai inheritance law (Book VI of the Thai Civil and Commercial Code) determines who gets what, with a strict order of heirs:
1. Descendants (children, grandchildren)
2. Parents
3. Siblings
4. Half-siblings
5. Grandparents
6. Uncles and aunts
Note that even with a marriage, your partner might be left out of your assets abroad mainly in countries that do not recognize same-sex marriage. Lastly note that the surviving spouse does not inherit the entire estate, especially if there are children or living parents. Most same sex couple have biological children and family in Thailand. Leaving an everything to interstate succession would be a disaster. See more under the topic called LGBT rights in Thailand.
Pattaya has a much larger LGBTQ+ expat population often consists of:
• There are a number of retired foreign nationals living with their Thai partners
• Secondly there a number of mixed-nationality couples with assets at home
• Lastly there are many long-term unmarried partners
Passing without a valid Thai will, your partner may:
By drafting a Thai will, you:
• You want to ensure that your assets go to your partner or other beneficiaries
• Secondly you can name an executor (someone who carries out your wishes)
• Thirdly you may avoid inheritance disputes
• Lastly you can protect your assets located in Thailand
What Makes a Will Valid in Thailand
A valid Thai will must:
There is the option of having a will to govern the assets overseas. Likewise there are the options of drafting one in Thailand unless you want a combination will. Many draft one for each country as it skips the need for a court application.
What Should Be Included
Optional: Include your Thai marriage certificate number for added clarity.
As you might have noticed by now is that it is best to use a lawyer for this process. There are a number of reputable law firm in Thailand. The charges will differ depending on how complicated your last will is. The cost of a Thai will is usually in the range of 7,000 and 15,000 THB for your will. See the issues with using a probate lawyer in Thailand.
International Considerations
Dual Wills for Foreign Nationals
As explained above the option is a dual will or a two will process. One to suit the laws for each country. Creating separate wills is much easier that doing a singular will.
· It avoids any conflict between legal systems of two different countries.
· Likewise is will delay probate proceedings
· The home country could very well face rejection of foreign-language wills
Be sure to consult our Thai lawyer in both countries to ensure they don’t revoke each other unintentionally.
Tax Implications and Inheritance Tax
Note that inheritance income is applicable in Thailand for estates that are valued at over 100 million Thai Baht. There is no inheritance tax for those with estates that are lower than 2.8 million USD. See the article that we wrote on it that the value of the estate is taxes at 5% taxes.
Let’s consider two examples:
Richard (British) marries Somchai (Thai) in Pattaya. The two of them live in Pattaya and they jointly owned a condo under Thai law. Richard during the year died and passes away suddenly, without a Thai will.
Without a will:
With a will:
Luca (Italian) and this partner Niran (Thai) have lived together for 15 years. They however never got married. Luca however owns property and assets in Thailand.
Without a will:
With a will:
Thailand is now as of writing this article on the precipices of true marriage equality. Likewise cities like Pattaya are leading the way socially and culturally. But legal recognition is just one part of the journey.