The Importance of Drafting Last Will and Testament in Thailand
If you own a property in Thailand or abroad, you may wish to consider drafting a Thai last will and testament. Having such a document in place will help you avoid legal disputes between heirs and long bureaucratic processes. There are several reasons to draft a Thai Will and the article below will cover the most common types. We also discuss the importance of obtaining the services of a Thai probate lawyer to avoid the pitfalls of the Thai legal system.
Drafting a Thai Will for Properties in Thailand
A will is a core document for transferring your properties when you die. The testator must be at least 15 years old and have full mental capacity. In addition, a Thai Will must be signed by two witnesses – one of whom cannot be a beneficiary and the other must not be a person who lacks mental capacity. If you are planning to leave your properties in Thailand to your family, you should draft a Thai Will as soon as possible.
When drafting a Thai will, you should include a clause that refers to the assets you own in Thailand. You can do this by naming a single executor or a couple of executors. If you are living in Thailand, your executor can be a head of a law firm or a family member. Whatever you choose to name as your executor, it’s important to consider who you can trust after you pass away. The money you leave behind may be valuable, but without an effective Thai will, it can be a disaster.
Drafting a Thai Will for Properties Abroad
In order to protect your Thai assets, you should draft a Thai Will. The Thai Civil and Commercial Code applies if you die without a will. This law stipulates that the spouse is automatically entitled to half of the community property, while the remaining assets are distributed among the spouse’s children and statutory heirs, such as parents or siblings. If you have properties abroad, you should consider drafting a separate Will for your overseas assets.
In Thailand, any person over 15 years of age can create a valid will. This document should list all your Thai assets, including any property that you own in the country. In other words, it should be as comprehensive and specific as possible. Thai law requires that you create a will in the language of the court in the jurisdiction you have assets in. If your Thai assets are in the UK, your UK Last Will and Testament will be invalid and will not be accepted.
Common Type of Last Will in Thailand
In Thailand, you can make a Last Will in one of several ways. You can create a secret will at the district office, which requires the testator to seal it and sign it before two witnesses. The sealed will remain sealed until the testator dies when it is opened by officials. After the testator passes away, the will is processed the same way as any other will. There are also personal contracts that can affect a Thai Will.
The most common type of last will in Thailand is the written and witnessed last will and testament. This document must be signed before 2 witnesses and filed with the Amphur. In Thailand, wills are governed by Civil Law, and they are the most difficult to contest. In Thailand, it is advisable to have your will notarized so that it will stand up in court if it is ever needed. You can also create a will after making a marriage or prenuptial agreement. A prenuptial agreement may contain a clause about what should happen in the event of your death. A will can be amended anytime after being written, so be sure to make yours as clear as possible.
Assistance of a Thai Probate Lawyer
If you are in Thailand, you may need the assistance of a Thai probate lawyer when completing your last will and testament. Thai law has strict regulations regarding the inheritance of estates. A well-drafted Will can ensure that your estate is distributed to your intended heirs. A Last Will and Testament in Thailand can help you structure the distribution of your assets, name guardians for your children, and choose an executor. You can make your Last Will and Testament legal by signing it with two witnesses. If you fail to make a valid Will, Thai law will determine who gets to inherit your estate.
Thai will laws are different from those in other countries. For example, if you have minor children, you can make a provision for them to be the “controller of their property” if they do not want their guardians to manage the property. While Thai wills may have restrictions, they are an invaluable tool for making the distribution of estate assets. Whether you decide to use a Thai lawyer for your will or draft your own will, it is important to remember that Thai courts strive to achieve an equitable balance of interests when it comes to your estate.