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Drafting your Last Will & Testament in Thailand can be complex. If you are living in Thailand then you need to consider a will for a number of reasons. Today the living will is very popular and for an expat in a foreign country. This becomes very important for reasons which you might not have thought of yet. Even if you are not married. It has become vitally important while abroad to consider an up to date Last Will & Testament. Be careful when using a last will and testament template for Thailand.
With more people retiring in Thailand and many getting married in the Kingdom the last will and testament become more important. Many people contest wills as they had not been updated and this creates problems long after you die.
If you have a condo in Thailand and one in London or back home in Australia you need to consider having 2 wills. The last will and testament in your home country for your assets there and one in Thailand for all your assets here. It makes executing the will much easier and cheaper.
For your Thai will you would be best served by appointing an executor in your estate in Thailand and what has become the norm to appoint two people you trust. You can appoint the head of a law firm in Thailand as one and a family member you trust like another. This is entirely up to you as you need to consider who you can trust after your death as money creates its own problems.
Note that the local will and testament will fall under Thai law. If you do not have a last will and testament in Thailand the estate goes 50% to your spouse and children the residue in equal shares to the children. If you have no relatives in Thailand then the assets will go to the Thai government.
Those who draft a las twill in Bangkok or Phuket would be different. Phuket is property investment while Bangkok would be expat workers and families. Prenups are no different.
If you have retired in Isaan then speak yo us about drafting you last will for you. Read about that you will need to know while you live in the country. You can find the law under the Civil and Commercial Code law.
Likewise if you want to know more about the living will then see the article we wrote about the process and how valid this is. Speak to our family lawyer for more information on this and more.
Making a will in Thailand can be difficult if you do not understand what to do. Some will buy a template online and consider this to be acceptable. You can find the law under the Civil and Commercial Code law.
Each city in Thailand has a different demographic of foreigners. Those in Chiang Mai or Pattaya differs. Prenuptial and last wills drafted in Pattaya or Chiang Mai are different. Digital nomads vs retired people.
Speak to us about winding up an estate in Thailand. The probate lawyer will need to look at the estate duty that you need to know about. See the taxes on the estate with our probate law firm and lawyers.
If you own property in Thailand as many do in the name of a company then the shares of the business would form part of the will and not normally the property itself. This in itself creates its own problems. If you have lease agreements to assets.
Then you also need to ensure that there are succession clauses in the agreement. If there are none the lease agreement will be terminated on your death. This would not only be for lease agreements but also superficies over property that you might have. It is always best to take proper legal advice before you draft your will.
Ensure that when you are making a will in Thailand that you understand inheritance law in Thailand.
Drafting your Last Will & Testament in Thailand is exampled further. The living will become very popular in Thailand. This allows you to appoint people over your estate in the event that you are incapacitated or cannot make decisions as you are not mentally fit. This is very common after accidents in Thailand. You can also in this living state that should you become very ill that you should not be resuscitated. This must however comply with the Ministerial Regulations that were adopted in 2010 as it is recognized in Thai law.
Once the will has been drafted it needs to be translated into Thai. Speak to our family lawyer in Bangkok about your last will and testament and do not leave it until it is too late. Call us today toll-free or walk into our offices in Phuket or in Bangkok for further assistance. See also the issues when retiring in Thailand as well as drafting a living will in Thailand and the marriage registration in Thailand process. Always take advice on drafting your last will & testament.
The information contained on our website is for general information purposes only and does not constitute legal advice.
Why should you use a lawyer
You should always allow a qualified lawyer to draft your last Will. Errors or omissions can be costly after you have died. The legal costs to have the courts make an order will fall on your descendants. Always have a proper will drafted that will be accepted by the State.
What can you place in the will?
You cannot place illegal or immoral conditions to inherit in a will. This applies to Thailand as much as it does to other countries. You may take legal advice on this if you are not certain as the courts will strike down these conditions if they think it is illegal or immoral.
How to write a Last will
There are a number of websites in Thailand with off the shelf last will and testament templates. They may however not be appropriate for you as the template only covers the most basic issues when it comes to death. Expats however always have more complex issues with property and loved ones at home. See what happens with probate in Thailand.
Can I draft my own will
Yes you can draft your own Will. However it only takes a single error to leave your family with a long drawn out process after your death as the Courts would have to make a ruling on it. Always have your last will and testament professional drafted in Thailand by a family lawyer.
