This is the Thai will and testament overview. This is only the first Section on drafting a will in Thailand and its general provisions. The other Sections govern the types of wills in Thailand. These can be a holographic will, written will as well as a living will and then the public will or even a secret will. There is also a Section on the interpretation of will in Thailand and how this must be done. The Thai will and testament is also explained elsewhere on this website.
This translation again should not be seen as legally binding or used as legal advice or guidance. The text on this page has been provided for educational and comprehension purposes only and contains no legal authority. We will assume no responsibility for any liabilities arising from the use and/or reference of this text. Speak to us online or via WhatsApp or application Line for proper legal advice. Finally, speak to our Thailand family lawyer if you do not fully comprehend family law in Thailand compared to your home country. You can also the other Chapters in the Civil and Commercial Code in the country.
You can make a declaration of intent by having a will and deposing your property or other matters in the event of your death. This will take effect in accordance with law upon your death.
The will must be the latest in the form of an imperative order provided in a will. (The last valid will supersede the previous)
The will must be in accordance with one of the forms specified in Chapter II of the Civil and Commercial Code. (There are a number of will types, from a holographic will, written will, public will amongst others.)
The appointed executor will have the power as well as the duty to make funeral arrangements, unless there has been a specific appointment to make such arrangement.
If an executor was not specified or persons to arrange the funeral or where the heirs have not made an appointment. Then the person who receives the greatest amount of property from the estate by will or statutory right will have the duty and power to do this. The courts can also make the appointment on application from an interested person.
Funeral expenses from the person arranging the funeral can be claimed as a preferential right specified in Section 253 (2) of this Code.
Should there be a delay in the funeral then the person above can set aside a reasonable amount of money out of the assets for this purpose. The courts can set aside this reservation of money on application.
The money held in reserve must be for a funeral suitable to the social status of the person and should not prejudice the rights of the creditors.
Subject to the provisions of Title IV:
(1) The general legatee is the person who under the will is entitled to the entire estate of the deceased or to a fraction or remainder of the estate which is not specifically separated from the estate. This person will have the same rights and liabilities as a legal heir.
(2) The specific legatee is where in the will, someone is entitled to the specific property identified in particular or specifically separated from the estate. This person will have the rights and liabilities only in relation to such property.
Where there is a case of doubt, then a legatee shall be presumed to be a specific legatee.
The law does not allow a ward to make a will bequeathing his or her estate to his or her guardian or spouse, ascendant or descendant or the sibling of his or her guardian until the guardian has completed the preparation of the statement of guardianship as provided in Section 1577 and the following sections of this Code.
A legatee may not be the writer or witness of a will.
The provision above will apply to the spouse of the writer or of the witness of a will.
The competent official who has recorded the statement in a will made by witnesses under Section 1663 shall be deemed a writer within the meaning of this Section.
The capacity of a testator shall be considered at the time of making the will only.
The capacity of a legatee shall be considered at the time of the death of the testator only.