Estate Planning Guide
Ordinary Will in Thailand
Guidelines for Creation
Creating an Ordinary Will in Thailand requires strict adherence to legal formalities to ensure its validity. Below are the essential guidelines:
- Written Form: The will must be in written form, either handwritten or typed. It can be written in Thai or any foreign language.
- Date: The will must prominently include the exact day, month, and year when it is made to prove the capability and mental state of the testator at that specific time.
- Signature & Witnesses: The testator must sign the will in the presence of at least two witnesses simultaneously. The signature can be handwritten or a fingerprint. However, a seal or a stamp cannot be used in place of a signature or fingerprint. Witnesses must sign the will with their handwritten signatures; they cannot use a fingerprint, seal, or any other mark.
⚠️ ALTERATIONS TO THE WILL:
Any erasure, addition, or other alteration to the will is invalid unless the date (day, month, year) of the alteration is explicitly noted, and the testator signs or fingerprints the alteration in the presence of at least two witnesses simultaneously. The witnesses must also sign to certify the testator's signature or fingerprint at the time of the alteration.
Note: If the testator has leprosy and lacks fingerprints, the will is still invalid even if the witnesses properly certify their signatures.
Ensure Peace of Mind and Protection
While it is never pleasant to think about such matters, it is critically important to ensure that your affairs are in order for your successors in the unfortunate event of your demise.
Having a proper will ensures that, during the difficult time of your loved ones mourning your departure, you have done everything possible to prevent legal disputes or administrative problems. A well-prepared will guarantees that your wishes are respected, allowing you to choose your heirs and clearly outline your final wishes regarding your estate.
What We Can Do for You
Our experienced legal team provides comprehensive estate planning services tailored to your specific needs. We can assist you to:
- Divide your estate specifically among beneficiaries or allocate all your assets to a single person.
- Appoint an administrator (executor) for your estate to handle legal proceedings smoothly.
- Elect guardians for underage children (in strict accordance with Section 1586 of the CCC).
- Make gifts of money (pecuniary legacies) or allocate specific personal items (chattels).
- Include specific individuals, such as step-children or unmarried partners, in your will who might otherwise be excluded by default inheritance laws.
Professional Advice and Guidance
Our team is fully qualified to provide expert advice and guidance on all matters related to the completion of your will and the allocation of your property and other assets in the event of your passing. Get in touch with us today by telephone, email, or visit our office in person to discuss all aspects of drafting your Thai will.