Civil and Commercial Code

Secret-Document Thai Will (Sec. 1660): A last will signed and sealed by the testator, then presented sealed to the district officer (Kromakarn Amphoe) with two witnesses. The officer records the declaration, date, and seal on the cover, and all sign. Contents stay confidential until opened. Open to both Thais and foreigners; interpreter allowed if needed.

Public-Document Will, a Thai will made by declaring your wishes to the district officer with two witnesses present; the officer records and reads your last will and testament in Thailand back; everyone signs; the officer certifies with date, signature, and seal. Open to Thais and foreigners; Thai language with interpreter allowed.

Section 1656 (last will and testament formalities) a Thai will under section 1656 must be in writing, dated, and signed by the testator before at least two witnesses who sign at the same time. Changes must follow the same formalities. Fingerprints may substitute for a signature if certified by two witnesses (section 1665)

Section 1533 (Thailand): on divorce, Sin Somros (marital property) is divided equally. Assets acquired during marriage are presumed Sin Somros unless proven personal (Sin Suan Tua).

Divorce in Thailand may be by mutual consent (written, two witnesses, registered at Amphur) or by court judgment. Mutual consent requires agreement on property division, debts, support, and custody; in contested cases, the Court decides.

Section 1474: Sin Somros (marital property) includes assets acquired during the marriage, certain gifts or inheritances declared to be marital, and the fruits (income/returns) of personal property. If there is any doubt whether property is marital or personal, it is presumed to be marital.

section 1469: agreements between husband and wife after marriage (including gifts) can be voided by either spouse during the marriage or within one year after divorce, unless this affects good-faith third parties.