Thailand Law Online

Last will and testament | Inheritance law in Thailand

Inheritance and last will or testament under Thai law

Having a last Will and Testament is vital to insure your assets are given to those who you have entrusted your estate to upon your death. If you have not made a will or testament the law will determine what happens to your assets at death. This means that your assets will be distributed amongst the statutory heirs after death. A will in Thailand must be made in one of the forms as prescribed in the Civil and Commercial Code. Under Thai inheritance laws there are several (5) correct forms of legal Wills (sections 1655 to 1672 Civil and Commercial Code).

Registered wills in Thailand

There is in principle no restriction for foreigners in the law to register a will by public or secret document (section 1658 and 1660), but as everything at the District Office is done in Thai language and Thai script this may be practically impossible for foreigners. The common last will and testament made by foreigners in Thailand is the written and witnessed last will made under section 1656. This type of will is not registered with the government nor entered into a national will register.

Registered will by secret document

Section 1660: A will may be made by a secret document, that is to say:

1. the testator must sign his name on the document;
2. he must close up the document and sign his name across the place of closure;
3. he must procure the closed document before the Kromakarn Amphoe and at least two other persons as witnesses and declare to all of them that it contains his testamentary disposition; and if the testator has not written with his own hand the whole text of the document he must state the name and domicile of the writer;
4. after the Kromakarn Amphoe has noted down upon the cover of the document the declaration of the testator and the date of the production and has affixed his seal thereupon, the Kromakarn Amphoe, the testator and the witnesses must sign their names thereon.

A will may be made by a public document (section 1658 of the Civil and Commercial Code). A will made by a public document is made at the local amphur or Khet in Bangkok. The testators states his wishes to the public officer who writes down the testators last will. The official must again read it to the testator and witnesses who following must sign the last will drawn up by the public officer.

Registered will by public document

Section 1658. A will may be made by public document, that is to say:

1. the testator must declare to the Kromakarn Amphoe before at least two other persons as witness present at the same time what dispositions he wishes to be included in this will;
2. the Kromakarn Amphoe must note down such declaration of the testator and read it to the latter and to the witnesses;
3. the testator and the witnesses must sign their names after having ascertained that the statement noted down by the Kromakarn Amphoe corresponds with the declaration made by the testator;
4. the statement noted down by the Kromakarn Amphoe shall be dated and signed by such official who shall certify under his hand and seal that the will has been made in compliance with the foregoing Subsections 1 to 3.

No erasure, addition or other alternation in such will is valid unless signed by the testator, the witness and the Kromakarn Amphoe.

Unregistered, witnessed last will and testament

The most common will in Thailand is a will made pursuant section 1656 of the Civil Code (chapter Inheritance).

Section 1656: A will may be made in the following form, that is to say, it must be in writing, dated at the time of making, dated at the time of making of the will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator. No erasure, addition or other alteration is valid unless made in the same form as prescribed by this section.

Making a Thai will

If you make a Thai will you must ensure that your foreign will excludes Thailand and that any subsequent last will you make in another country does not supersede the testamentary dispositions under your Thai will What to include You want to make a specific or general will but are not sure where to start? The list below includes the kind of information you need to consider. Personal information of the testator

• Full name, date of birth, address, nationality, passport number;
• Heirs: details of the heirs, full names, dates of birth, address, nationality, substitutes in case the heir(s) predecease the Testator;
• Executor of the will (the job of an executor is to administer your estate);
• Names and addresses of executors (most married people choose their spouse as the executor if they are giving their entire estate to their spouse). You can appoint one executor and a substitute executor if the executor predecease, however they must be appointed by the court;
• Witnesses of the will;
• Full name and details of ID-card or passport;
• Funeral requirements;
• What should happen to your body when you die;

Specific legacies, money or property that you give to someone after you die (not included in a general will). Do you wish to give any jewelery cash legacies? If so state amount of gift, full name and address of legatees (including charities). Residue (residuary beneficiaries), where is the rest of your estate (your residue) to go? Provide details of who you wish to inherit the residue of your estate including the respective shares or percentages. Names of any substitute beneficiaries of residue if the above named predecease you.

Inheritance Tax There is currently no Inheritance tax in Thailand (i.e. there is no specific capital gains tax to be paid on money or property received from someone who has died). Read article 'no new inheritance tax will be issued soon' and for taxable personal income tax read more...

• Do you have any specific funeral requirements when you die in Thailand?
• Do you want to appoint guardians for your minor children in Thailand?
• Do you leave immovable property in Thailand to a minor?
• Do you want a limited jurisdiction clause (i.e. the Will should relate solely to assets in Thailand)?
• Do you have a current will? 

If you leave real estate in Thailand in favor of a minor but wish to entrust the custody and management thereof to a person other than the parents, guardian, custodian or curator, you must appoint a controller of property. No appointment of the controller of an immovable property or any real right appertaining thereto is complete unless it has been registered by the competent official (sections 1687 and 1688 Civil and Commercial Code of Thailand).

It is recommended to keep a schedule of assets and liabilities together with a copy of your will. The schedule could include details of the house, contents, car, jewelery, cash at bank, quoted stocks & shares, partnership shares, shares (e.g in a private limited company), other assets, liabilities, other.

Last Will and Testament legal drafting service

 A Thai last will mailed directly to you within 1 to 5 business days - drafted by experienced lawyers 3,800 baht or a Thai English complere will template for 1,900 baht 1,140 baht, as a direct download here

 

------- sample will ------------