Probate lawyers in Bangkok

Firstly you will note that a probate lawyer is a legal professional who will assist you in drafting your will. This can be a last will and testament or this could also be a living will. They will also act as the administrator or executor if you appoint them in your will. So when you pass on someone has to ensure that your assets are documented as well as ensure that your will is executed correctly, according your last wishes. See also the article on here that we wrote about the winding up of an estate in Thailand. Likewise also see the tax implications under the Inheritance Tax Act on here as well.

Why is Drafting a Will Important?

Your last will and testament is a legal document which states who will get which assets when you die. Here you can decide the assets which may include property or the money in your bank account. Also this is where you state to the court as well as the the beneficiaries what you want. Should you not have a will then the courts will follow Thai law as to how the estate is divided. This might very well not be what you wanted.

In Thailand, the Civil & Commercial Code governs the validity of wills. We have written an entire page on this on this website. You can see the links on here for that article. There are certain conditions which will need to be met. This document needs to be in writing, but also see the living will option. It must also be signed by the person making the will (known as the testator), and witnessed by at least two people. Note that the witness cannot be deaf or be beneficiaries of the will, meaning they shouldn’t receive anything from it.

Validity of a Will in Thailand

Now, in order for the will to be valid you will have to follow the rules under the Civil & Commercial Code (Sections 1646-1692). We have listed the sections below where you can read these. They had been written to make it easier to understand the legal terms. These rules ensure that the will is legal and can be used to distribute assets. Here are some key points:

Written and Signed:

The document must be signed by the testator, that being you. If you can read or write then you or they can sign off with a fingerprint.

Witnesses:

There must be at least two witnesses when you sign the document. Likewise these witnesses confirm that the will was indeed made by you and that they witnessed you signing it.

Clarity:

Note that when drafting your last will and testament you will need to make it clear as to the beneficiaries as well as the assets. Remember someone has to value the assets later so keep you paperwork in order and update your will as needed. This as you might dispose of assets or accrue new assets.

Devolution of an Estate

The term “devolution of an estate”. This legal expression refers to how your property and assets are passed on to your heirs. Likewise in Thailand, this process is guided by Sections 1599-1628 of the Civil & Commercial Code.

Here’s how it works:

With a Will: This is when you leave a valid will behind. Your estate will now be distributed according to your last wishes. The executor or probate lawyer will assist with the winding up of the estate.

Without a Will: Likewise should you leave no will or an invalid will. Then your will is going to be divided according to Thai law. Note that here there will be a very specific order of assets to heirs.

Statutory Heirs in Thailand

Your statutory heirs are those who have a right to inherit. This after someone has passed away. One could say hat with a will they will be the beneficiaries after you have passed on. This is covered in the sections Sections 1629-1645 of the Civil & Commercial Code. Likewise should there be no will then the law will decide who benefits .

1. Spouse: Your legal spouse will get a share. See marriage registration for this.

2. Children: If you have children then they are next in line.

3. Parents: Should you have no children then your parents may inherit.

4. Siblings: Brothers and sisters can also inherit if there are no children or parents.

5. Grandparents: If none of the above are present, the grandparents may inherit.

6. Uncles and Aunts: Lastly your uncles and aunts might inherit if there are no closer relatives.

If there are no relatives at all, the estate may go to the state.

Types of Wills in Thailand

There are a number of last will and testament types in Thailand that people can use:

1. Public Will: This type of last will and testament is not very common in Thailand. This type of will is made in front of a public official and witnesses.

2. Standard Written Will: This is the most common will which is drafted for clients globally.

3. Holographic Will: This is entirely handwritten by you. It doesn’t need any witnesses, but it must be very clear about your intentions.

4. Living Will: This type of will is new in Thailand. This states what medical care a person wants to receive if they become unable to make decisions for themselves.

Inheritance Tax in Thailand

In 2015 the new Act was created to tax those who have large estates. The Inheritance Tax Act of 2015 which is managed by the tax department, outlines the rules for taxing inheritances. The goal of this law is to ensure fairness by taxing high-value inheritances.

This tax only applies to large amounts of wealth being passed down. For most people, this means that smaller inheritances, like a family home or modest savings, won’t be taxed. But if someone inherits a very large estate, they may need to pay a portion of that to the government as inheritance tax.

Lastly also see the criminal lawyer in Thailand article as well as the Bangkok property lawyer. Likewise there is also the Thailand family lawyer.