Same Sex Drafting a Will in Pattaya

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:

• It has now provide equal marital rights to LGBTQ+ couples.
• Likewise id has grant spousal benefits in property and health care decisions.
• Lastly it now allow access to a legal divorce, alimony, and child custody.

As we can see that Thailand will be the first Southeast Asian country to fully legalize same sex marriage.

Pattaya – Thailand’s LGBTQ+ Haven

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.  Lastly also read the articles that we wrote on the marriage equality law in Thailand as well as LGBT rights in Thailand. These are separate topics. Likewise also see the topics on LGBTQ K1 visa as well. 

Who Can Marry

Now that same sex marriage has become legalized. You can now get married as a heterosexual partners.That includes:

• Firstly there are Thai-Thai couples
• Secondly there are Thai-foreign couples
• Lastly their are foreign couples (if countries don’t prohibit such marriages)

Marriage Registration Process

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:

• You current valid passport and visa
• Obtain a No Objection Letter (Affirmation of Freedom to Marry)
• Have the Freedom to Marry document translated into Thai
• You will also have the documents legalized by the Thai Ministry of Foreign Affairs
• Ensure that you use our certified translation service in Bangkok.

Final Steps:

• You will need to go and register the married at the District Office (Amphur)
• Submit all your legalized and translated documents
• Then sign the marriage register and receive your marriage certificate in Thai

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.

Why Drafting a Will is Essential—Especially in Pattaya

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:

• He/She will be unable to access jointly held property
• Your partner might also be excluded from funeral and estate decisions
• They may also face legal challenges from biological family members overseas

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:

• The will needs to be in writing unless its a living will
• Secondly the last will must be signed in the presence of two witnesses
• The last will can be made by someone over 15 years old and of sound mind
•  It can be in Thai or bilingual (Thai/English preferred)

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

• Your passport with your passport number, and address of the testator
• Likewise the appointment of executor in the will
• List of assets (real estate, bank accounts, vehicles, businesses)
• Likewise a list of beneficiaries

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:

Scenario A: Thai-Foreign Married Couple

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:

• Your bank accounts and condo are frozen.
• Now Somchai has to prove legal spousal rights in court.
• Lastly, David’s UK family may intervene in the UK assets.

With a will:

• Somchai with a will drafted by you inherits the condo and other assets.
• Note that this will avoids court disputes.
• Your estate gets settled quickly and smoothly.

Scenario B: Unmarried Foreign Couple

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:

• Niran in this example inherits nothing.
• The Thai property and investments goes to Luca’s family in Italy.
• Because they are not married, Thai law offers Niran no recourse.

With a will:

• The sole person is Niran is named as the sole beneficiary.
• His estate is transferred seamlessly because of having a will.
• Luca’s wishes have been honored.

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.