Last Will and Testament

Thai Will in Phuket

If you are a foreigner who stays in Phuket more permanently and has purchased assets on the island or is married to a Thai national, one thing you need to seriously consider is the preparation of your Last Will and Testament.

People often avoid discussing this topic or ignore this unpleasant thought completely, but we all know that mortality is inevitable, and it can happen to anyone at any time.

Your last Will and Testament will help ensure your hard-earned assets and properties in Thailand will be distributed to the right people without potentially causing the family troubles of going through excessively long court proceedings or having an internal dispute. It is certainly advisable to consult with a lawyer in Phuket who will help answer all your questions and ensure your last Will is legitimate under Thai law.

The applicable law concerning the last Will may be different in each country. This article will provide you with basic information to help you understand the importance of a Thai Will, the succession procedure in Thailand, and what is necessary when preparing a Will and Testament.

Why Do You Need a Thai Will?

If you possess assets in Phuket or anywhere in Thailand that are of significant value, whether they are investments or properties that you have purchased during your stay here, then it is highly recommended for you to have a Will prepared.

The law in Thailand allows foreigners who are residing in Thailand to create a Will either registered or unregistered to be able to protect their estate. Similar to a Will in other countries, a Last Will and Testament in Thailand lets you assign the beneficiaries, guardians to your children, and the executor of the Will to handle all of the administrative duties.

With a valid Last Will and Testament prepared, the executor can simply submit the document to the authorized Thai court for the purposes of validation and issuance of the court order. Given all of the succession terms specified in the Will, the process is rather straightforward.

What Happens If You Don’t Have a Thai Will After Your Demise?

In case a person passes away without executing a last will, Thai law clearly states that half of the marital assets will be granted to his/her legally married spouse. The remaining assets will be distributed to the statutory heirs in order of priority as stipulated in the Thai Civil and Commercial Code:

1. Descendants
2. Parents
3. Brothers and Sisters of Full Blood
4. Brothers and Sisters of Half-Blood
5. Grandfathers and Grandmothers
6. Uncles and Aunts

In an event where the heir to the estate is a minor or incapable of dealing with his/her own affairs, the court will appoint a guardian to help manage the estate if one has not been previously arranged under law.

If there is no Thai will, and the deceased has no living relatives, the estate will be transferred to the State.

What Are the Requirements and Conditions to Make a Thai Will in Phuket?

To draft a Thai Will that is legally valid, the testator needs to be at least 15 years of age and be a person of sound mind.

In general, the Will needs to be acknowledged and signed by two witnesses and the executor of the Will shall be assigned. It is important to note that a witness cannot be a beneficiary under the will, a person with an unsound mind, or a person who has not reached legal age.

If the testator wishes to change the terms in the drafted Will, he/she can do so at any point in time before his/her death. Once a Will is made, it shall be copied and handed to a lawyer or stored in safe places.

The Forms of Wills and How They Are Executed Under Thai Law

Wills in Thailand can be made in different forms depending on the testator’s decision.

• A Written Will with two witnesses: The Will in this form must be made in writing (handwritten or typed) either by the testator or a lawyer, dated at the time it is drafted. The document must be signed by the testator and two witnesses to certify the signature of the testator. If the Will is written by someone else other than the testator, the name of the writer shall also be specified.
• A Holographic Will: For this form, the Will must be hand-written by the testator only. It must include a date when the Will is made and the signature of the testator.
• A Will Registered as a Secret Document: In this case, a Will is drafted, sealed, and signed by the testator. The document is then presented to an authorized officer at a District Office in Phuket with at least two witnesses. If the Will is not written by the testator, the name and domicile of the writer must be mentioned. The registered Will can also be made as a public document. However, Thai language ability is required.

What Should Be Included in a Will?

Below is the general information that shall be stated in a Will of any form.

• Name, nationality, address, date of birth, and passport number of the testator
• Names, nationalities, addresses, dates of birth of the beneficiaries and their substitutes
• Name, address, and ID number of the executor/administrator of the Will
• Names, addresses and ID numbers of the two witnesses
• Details of the legacies to be distributed to specific beneficiaries
• Guardian of the heir (in case the heir is a minor)

A law firm in Phuket can help you draft your last Will and Testament to ensure that all of your estate will be distributed amongst your loved ones as you desire. An experienced lawyer will make certain that there will be no loopholes in your Will, and everything is outlined in a clear and concise manner. A proper and valid Will made with the assistance of a legal professional will help guarantee that your final wishes will be respected and taken care of. Contact our Phuket Office now for a consultation.

Siam Legal (Phuket)
123 / 27-28 Moo 5, Bangtao Place, Cherngtalay, Thalang, Phuket, 83110, Thailand
Phone: +66 76 326 322

Siam Legal Phuket