Last Will In Thailand
If you are living in Thailand as an expat or an overseas national, you may have some property or assets in the country that you want to protect and pass on to your loved ones. However, you may not be aware of the legal procedures and requirements for making a valid Last Will in Thailand.
In this article, we will explain why you need a Last Will in Thailand, how to make one, and how Isaan Lawyers can help you with this process.
Why do you need a,
Last Will in Thailand
A Last Will is a legal document that expresses your wishes regarding how your property and assets should be distributed after your death. It also allows you to appoint an executor who will manage your estate and carry out your instructions. A Last Will can also include other provisions, such as naming a guardian for your minor children, or donating to a charity.
If you die without a Last Will in Thailand, your estate will be subject to the Thai law of intestacy, which may not reflect your personal preferences or circumstances or that of your wife which is especially important where you have land or houses in her name and where you stay.
The law of intestacy determines who inherits your property and assets based on a fixed order of priority, starting with parents, children, siblings, spouse, and so on. This means that some of your relatives may inherit from you even if you do not want them to, or some of your loved ones may be excluded from inheriting if they are not related to you by blood or marriage. Moreover, the law of intestacy does not take into account any special needs or wishes that you may have for your beneficiaries, such as providing for their education, health care, or personal care.
Therefore, if you want to have more control over your estate and ensure that your property and assets are distributed according to your wishes, you need to make a Last Will in Thailand.
How to make a
Last Will in Thailand
Making a Last Will in Thailand is not a complicated or expensive process, but it requires some legal formalities and precautions. According to the Thai Civil and Commercial Code, a valid Last Will must meet the following requirements:
– It must be made by a person who is at least 15 years old and has the mental capacity to make a will.
– It must be made in writing and signed by the testator (the person making the will) in the presence of at least two witnesses who also sign the will.
– It must clearly identify the testator, the beneficiaries, the executor, and the property and assets that are subject to the will.
– It must not contain any provisions that are contrary to the law, public order, or good morals.
There are different types of Last Wills in Thailand the most common and recommended type of Last Will is a self-proved will (also known as an attested will), which is made in writing and signed by the testator and two witnesses before a lawyer who certifies its validity.
A self-proved will has several advantages over other types of Last Wills, such as:
– It is more likely to be accepted by the court as evidence of the testator’s intentions.
– It reduces the risk of fraud, forgery, or undue influence by third parties.
– It simplifies the probate process (the legal procedure for validating and executing a will) and saves time and money for the executor and the beneficiaries.
– It allows the testator to make a bilingual will (in Thai and English) that can be easily understood by both Thai and foreign authorities.
How can Isaan Lawyers help you with making a Last Will in Thailand?
Isaan Lawyers is a reputable law firm that specializes in providing legal services for expats and overseas nationals in Thailand. We have extensive experience and expertise in drafting Last Wills and Testaments that comply with Thai law and reflect your personal wishes. We can help you with making a Last Will in Thailand, online, wherever you are located.
Our Last Will service Fee includes:
A single last or living will is baht 5500.
A last and a living will is reduced to baht 10,000
A last will for you & your significant other (2 x last wills ) is reduced to baht 10,000.
– A consultation with one of our qualified Thai lawyers who will explain the legal aspects of making a Last Will in Thailand and answer any questions you may have.
– A customized Last Will document that is drafted by our Thai lawyers based on your instructions and preferences. The document will be written in both Thai and English languages for clarity and convenience.
– A certification of your Last Will by our lawyer who will witness your signature and verify your identity. You can sign your Last Will online using our secure digital platform where we witness your signature or at our office or any other location of your choice. Full Instructions are provided.
– The delivery of your original Last Will document by registered mail. You can also choose to store your Last Will with us for safekeeping and easy access. Small fees apply.
Making a Last Will and Testament in Thailand is a smart and responsible decision that will protect your loved ones and your legacy. It is an easy and simple procedure that can be done online with the help of Isaan Lawyers.
As of the 1st of November 2023 we will also be introducing a UK last will service for British expats from right here in Thailand.
Contact us today to get started with your Last Will in Thailand. https://isaanlawyers.com/contact-us/
In Pattaya you may wish to contact our sister company www.anglosiamlegal.com
