Having a last Will and Testamentent is vital to insure your assests are given to those who you have instrusted your estate to upon your death. If you have not made a Will your wishes may not necessarily be carried out and the law (in Thailand  Thai Inheritance Law) could determine what happens to your assets when you die. This shall mean that the assets will be distributed amongst the statutory heirs.
A Thai Will and testament - registered last will and unregistered last will
A will in Thailand may only in any one of the forms prescribed in the Civil and Commercial Code. There are several(5) correct forms of legal Wills under Thai law sections 1655 to 1672 Civil and Commercial Code. Foreigners in Thailand may register their last Will with the District Office in Thailand by public document ( section 1658). However, if you do not speak Thai, registering such a will is not a simple process, but we offer assistance and lawyer help service if this is required and advice on which form of Will to choose.
The most common wills for Thais and foreigners in Thailand are:
unregistered |
| 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 cerifying the signature of the testator. |
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No erasure, addition or other alteration is valid unless made in the same form as prescribed by this section. |
Registered |
| Section 1660: |
A will may be made by a secret document, that is to say: |
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(1) |
- the testator must sign his name on the document; |
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(2) |
- he must close up the document and sign his name accros the place of closure; |
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(3) |
- he must procure the closed document before the Kromakarn Amphoe and at least two other persons as wittnesses 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 writter; |
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(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 wittnesses must sign their names thereon. |
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No erasure , addition or other alteration in such will is valid unless signed by the testator |
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A last will in Thailand may also be made by a public document at the local amphur or Khet in Bangkok in the form of a declaration to the relevant public officer (a will under section 1658 of the Civil and Commercial Code). 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.
 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.
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 and provide to us.
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, ID-card or passport details and current address.
Funural 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 juwellery 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? Please 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 tax to be paid on money or property received from someone who has died).
Sample
Others
- 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 so please let us have a copy.
If you leave real estate in Thailand in favour 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).
Schedule of assets and liabilities (not in a general will)
- House
- Contents
- Car
- Jewellery
- Cash at bank
- Quoted stocks & shares
- Partnership shares
- Shares (eg in a private company)
- Other assets
- Liabilities
- Other
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