Validity of a Will

Below you will note that the sections provided outline the rules governing inheritance and succession in Thailand and the validity of a Will. See more on family law Thailand on this website when covering various aspects such as the appointment of administrators, the rights and duties of heirs as well as the handling of estate property. To utilize this information in court or for legal purposes, it would be necessary to refer to the original Thai text for accuracy and ensure compliance with relevant laws and regulations.

Additionally, it would be prudent to examine the intestate succession laws to understand the rules governing inheritance when there is no valid will in place. Lastly also see the issues in Thailand such as kidnapping in Thailand as well as assault. Note that Thailand does have Sharia law for inheritance so also see the Muslim marriage in Thailand for foreigners as well as Islamic Family Law.

Section 1693

A testator can revoke their will wholly or partly at any time.

Section 1694

If a later will is intended to revoke a former will wholly or partly, the revocation is valid only when the later will is made in one of the forms prescribed by law.

Section 1695 

If a will is contained in a single document, the testator can revoke it wholly or partly by intentionally destroying or canceling it. If the will exists in multiple duplicates, revocation is only complete if it’s done in all duplicates.

Section 1696

A testamentary disposition is revoked if the testator has intentionally made a valid transfer of the property or if the property is intentionally destroyed.

Section 1697

Unless stated otherwise in the will, if there’s a conflict between a former and a later will, the former is considered revoked by the latter only in the parts where their provisions conflict.

Section 1698 

shows the circumstances under which a testamentary disposition becomes void. This includes instances where the legatee passes away before the testator, if the condition attached to the bequest is impossible to fulfill, if the legatee declines the legacy, or if the property bequeathed is lost or destroyed during the testator’s lifetime unintentionally and without replacement or compensation.

Section 1699 

states that if a will or any clause within it becomes null and void for any reason, the property in question will devolve to either the statutory heirs or, depending on the situation, to the State.

Section 1700 

A person can dispose of property under a stipulation that it shall be inalienable by the beneficiary, provided that another person is appointed to become entitled to the property if the inalienability clause is violated.

Section 1701 

Inalienability clauses may be for a specified period or for the life of the beneficiary. If no period is specified, the inalienability lasts for the beneficiary’s life if they are a natural person, or for thirty years if they are a juristic person. Any longer specified period is reduced to thirty years.

Section 1702 

Inalienability clauses for movable property without registration are void. For immovable property, the clause must be in writing and registered by the competent official.

Section 1703 

A will made by someone under fifteen years of age is void.

Section 1704 

A will made by someone adjudged incompetent is void. If a person alleged to be of unsound mind but not adjudged incompetent makes a will, it may be annulled if proven that they were actually of unsound mind at the time.

Section 1705 

stipulates that a will or any clause within it is rendered void if it violates specific prescribed sections governing the form and execution of wills.

Similarly, Section 1706. dictates that a testamentary disposition becomes void under certain circumstances. These include appointing a legatee on the condition that they dispose of their own property in favor of the testator or a third party, referencing an unidentifiable individual, or inadequately describing the property being bequeathed.

Section 1707

If a will appoints a legatee on the condition that they dispose of the property in favor of a third person, the condition is void.

Section 1708 

After the testator’s death, any interested person may apply to the court to cancel a will on account of duress, but not if the testator lived more than one year after being free from duress.

Section 1709 

After the testator’s death, any interested person may apply to cancel a will due to mistake or fraud if without it the will wouldn’t have been made. However, the will remains valid if not revoked within one year of discovering the mistake or fraud.

Section 1710 

Actions for cancellation of a testamentary disposition must be made within specified timeframes, either three months after the testator’s death or three months after acquiring knowledge of the grounds for cancellation. However, in cases where the disposition affecting the plaintiff’s interest is unknown, the period is extended until the disposition is known or ought to have been known, but in any case, cannot exceed ten years after the testator’s death.

Section 1711 

delineates that administrators of an estate encompass individuals designated through a will or by court order.

Furthermore, according to Section 1712, an administrator designated through a will may be appointed either directly by the testator or by a person nominated specifically for this purpose within the will.

Section 1713

The Court may appoint an administrator of the estate in various situations, including when statutory heirs or legatees are not found or are unable to carry out the administration.

Section 1714 

If appointed by the Court for a particular purpose, an administrator is not required to make an inventory unless necessary for that purpose or ordered by the Court.

Section 1715 

allows a testator to designate one or more individuals as administrators of their estate. In cases where multiple administrators are appointed and some are unable or unwilling to fulfill their duties, those who remain authorized can act collectively in administering the estate.

Section 1716

states that the duties and responsibilities of an administrator appointed by the Court commence upon issuance of the Court’s order.

According to Section 1717, individuals with vested interests may petition a person appointed as administrator through a will to declare whether they accept or refuse the appointment. Failure to declare acceptance within the stipulated timeframe is deemed as refusal, unless otherwise authorized by the Court.

Section 1718 

Certain persons, such as those not of full capacity or adjudged bankrupt, cannot be administrators.

Section 1719 

Administrators have the right and duty to carry out necessary acts for estate administration, subject to the provisions of the will.

Section 1720

Administrators are liable to heirs and third parties as specified by relevant sections of the Code.

Section 1721 

Administrators are not entitled to remuneration from the estate unless permitted by the will or majority of the heirs.

Section 1722 

Administrators cannot enter into juristic acts adverse to the estate’s interest without permission.

Section 1723

Administrators must act personally unless authorized otherwise.

Section 1724

Heirs are bound by acts of the administrator within their authority but not by acts benefiting the administrator personally without their consent.

Section 1725 

Administrators must notify interested parties of relevant testamentary dispositions.

Section 1726

Decisions among multiple administrators are made by majority vote, unless otherwise provided by the will. The Court resolves ties.

Section 1727 

Interested parties may apply for the discharge of an administrator for neglect of duties or reasonable cause.

Section 1728 

Administrators must begin an inventory of the estate within specified timeframes.

Section 1729 

The inventory must be completed within a month and made in the presence of interested witnesses.

Section 1730 

Certain sections regarding heirs and administrators apply mutatis mutandis.

Section 1731

Failure to make a satisfactory inventory may lead to discharge of the administrator.

Section 1732 

Administrators must complete their duties and accounts within specified timeframes.

Section 1733 

Agreements concerning accounts of management are valid only if delivered to heirs within specified timeframes.

Note: This is an unofficial translation provided for purposes of scholarship and information.

See also the articles on a probate lawyer in Thailand or probate lawyers Bangkok option as well. Likewise also see the different types of Wills in the country as well as the disinheritance in Thailand as well. This as well as the articles on renouncing inheritance as well. Lastly see also the Bangkok family lawyer for more information.