Although writing a will is not something we want to think about, it is important to have proper planning in place to ensure that your loved ones are cared for when you pass away.
Having a Will ensures that your possessions, assets, and money are distributed to a beneficiary of your choice in the most efficient manner possible. If you spend most of your time in Thailand, have assets in the country, are married to a Thai national, or spend your retirement here, then you should consider having a Thai Will covering your assets and property.
You might be able to make a Will by yourself. However, drafting a Thai Will can be difficult, which is why you need legal services to help you out. We can provide you with the correct legal service you need to draft your Will. Your assets in Thailand, such as bank accounts, properties, vehicles, and other personal items, can be listed on the Thai Will.
Expert attorneys advise that you make a Will regardless of how many assets you have; the object of a Will is to ensure your safety and protection. A will will assist you in resolving any family disputes by allowing you to express your wishes clearly. Some of the most important objectives of a will are mentioned below.
When you die, you will leave your assets and properties to a beneficiary of your choice. Your will guarantees that everything you own is passed on to your loved ones.
You must nominate someone to care for your minor child in the event of your death; this way, you will know who will be responsible for your child after you pass away.
A Will establishes who will manage your affairs after death (your Executor).
If you wish to donate your money or any other assets when you pass away, you can request to donate your assets for charity purposes.
Specific requirements for your funeral ceremony, such as cremation or giving your organs for medical or educational purposes can be written in your will.
Making a Will prevents any disputes between family members when it comes down to dividing the assets. Which might inevitably lead to arguments within the family.
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According to the Thai Civil and Commercial Conde, a Will in Thailand can only be made in one of five ways. You can see the different approaches below:
This is often considered as the regular Will and is the most popular type. The text of the Will can be typed by a lawyer or the testator (the person making the Will) or their legal representative.
A Will can be made in writing as long as it is dated as of the time it’s made. It must also be signed by you, as the testator, in front of at least two witnesses, which in turn have to sign the document as well.
A holographic Will is a Will made in your own handwriting. It is the simplest type as it doesn’t need to be typed. You must sign and date the Will, but no witness need to sign it.
You can’t change the Will legally unless you make the changes the same way you first make the Will. If you want to use this type of Will, make sure that your handwriting can be read clearly so that it can be interpreted by the executor.
A will may be made a public document. With this type of Will, you must declare what disposition you want to be included in your Will to the Kromakarn Amphoe in front of at least two people.
You and the two witnesses have to sign the written testamentary disposition prepared by the Kromakarn Amphoe. Then, the Kromakarn Amphoe will sign, seal, and date the Will to certify that it has been made in compliance with the Code.
You can make an oral will if you face exceptional circumstances, such as during an epidemic, imminent danger, or a war, which prevents them from making a will in any other ways.
You must declare your testamentary intentions about your property’s disposition in front of at least two witnesses.
You can make a Will with a secret document. To do this, you need to sign your name on the document detailing your testamentary disposition. You must also physically seal the document, such as putting it in an envelope and sign your name against the envelope.
You must then present the sealed document to the Kromakarn Amphoe. At least two people have to witness it.
I don’t know anything about making a legal Thai will in Thailand until I came across the Thaiger. Their service is truly one of a kind. Everyone was so helpful and give me the best advice! Now my Will is completed and safe, giving me peace of mind as it ensures that what I have will go where i want and to who I want it to.
Top tip: If you’re not sure what to put on your Will or even where to start, don’t be shy to ask for guidance!
Thai law is very specific about what happens if someone dies without a will. Under Section 1635 of the Thai Civil and Commercial Code, your spouse will be entitled to half of your marital assets, while the remaining property is divided between your spouse and children or statutory heirs (under Section 1629).
If you don’t have any children, the remaining property will go to your parents. If your parents aren’t alive, or you don’t have parents, then the remaining property will be divided among your siblings.
The next in line, if you don’t have any siblings, would be your step sisters and brothers. Then followed by your grandparents, aunts, and uncles.
If your heir is a minor, a person incapable of managing his or her affairs, or a person of unsound mind, then a curator of the Will is going to be appointed by the court.
If you don’t have any surviving relatives, then your property will be donated to the state.
We offer other services that can help you get full support with any legal challenges in Thailand.
A prenuptial agreement lists all assets and debts that you and your partner have. It specifies what rights each person possesses to their properties and assets if your marriage ends in divorce.
Below are some assets you need to include in your Thai Will.
Your home, condo, or any other property you own falls under the category of property and real estate. If you want your property to be inherited, make sure to name your beneficiaries clearly. If you want to divide a piece of real estate among your beneficiaries, you must first determine the size of the space and how it will be separated equally.
These are your assets in Thailand, such as your condo, motorbike, car, or jewellery.
For any of your overseas property, you need to list them in a separate Will as the Thai court is only concerned with the assets you own in Thailand.
If you have a joint bank account with your spouse, the account will be transferred to your spouse when you pass away. If the account is not joint, the bank will freeze.
Thailand is not only famous for its natural beauty but also for its easy provisions for marriage registration. Many people also choose to get married in this country due to the wide range of world-class beach resorts and other fantastic locations where they can hold their dream wedding ceremony. Here at the Thaiger we strive to ensure that your marriage is registered legally without any complications.
Thai marriage registration varies depending on nationality, but it can be easy if you know the requirements and process involved. Engaging with an experienced Thai lawyer is the best option to help you secure all the essential paperwork for your marriage and register your marriage legally.
The appointment of the executor typically takes place about 60 to 120 days. It should be remembered that the executor has to be provided evidence and physically present it to the judge.
The executor could be a non-Thai. Their identity and position should be made fully clear in the will, and it is essential to ensure that they recognize their responsibilities, they would be expected to attend the Thai court once in a while.
Inherited assets value exceed more than 100 million Bath at a cost of 5% of the tax base for ascendants or descendants and 10% of the tax base for non-ascendants or descendants.
When two parties are involved in a will, all parties must produce signatures and identification before the lawyer can proceed with the changes. However, the will can be changed whenever you please.
Assets in Thailand may not be included. We recommend you arrange your Will in Thailand as well.