Thailand Will

Forms of Will

There are 5 forms of will as prescribed by the Thai Civil and Commercial Code (TCCC):

1. An ordinary will
2. A holograph will
3. A public-made will
4. A secret-made will and
5. A verbal will

Ordinary Will

A will is a document written by the testator prior to death, which designates inheritance to heirs. This document must have the following components for its validity under Section 1656 of the TCCC:

1. Made in writing.
2. Date of making the will.
3. Name and address of the testator.
4. A statement showing an intention to arrange an inheritance.
5. A statement showing the following assets, rights, and obligations as inheritance to the designated heirs for a given proportion.
6. A statement in assigning the executor.
7. A statement in proving the competency of the testator.
8. Signed by the testator.
9. At least two (2) witnesses present simultaneously.

In case of an erasure or any alteration of the will, it shall not be considered valid. Unless, it is made in the same form as prescribed by this Section.

Holograph Will

This will is a hand-written testament that is done by the testator and must include the following components as required by Section 1657 of the TCCC:

1. Date of making the will.
2. Name and address of the testator.
3. Statement showing an intention to arrange an inheritance with the executor assigned.
4. Statement in showing the following assets, rights, and obligations as inheritance to the designated heirs for a given proportion.
5. Signature of the testator.

Any erasure, addition, or alteration that appeared on the will shall be deemed invalid, unless the testator makes and signs it by the one’s own hand.

Public-Made Will

Such a will may be made as a public document with the following elements, according to Section 1658 of the TCCC:

1. The testator shall declare with the district committee (Kromakarn Amphoe) with at least two (2) witnesses present simultaneously in making this will.
2. The district committee acknowledges the declaration in writing and informs the testator and the witnesses verbally.
3. The testator and the witnesses sign the statement after it is ascertained, and:
4. The district committee dates on, signs down, and affixes an official seal on the statement. 

Any erasure, addition, or alteration of the will shall be deemed as invalid, unless it is signed by the testator, the witnesses, and the district committee.

Secret-Made Will

This particular will be made as a secret document with these components prescribed by Section 1660 of the TCCC:

1. The testator signs the name on the will.
2. The testator closes up the document and signs the name on it.
3. Document is submitted to the district committee (Kromakarn Amphoe) with at least two (2) witnesses present simultaneously, or:
   1. In case the testator does not write by oneself, the testator must state the name and domicile of the writer, and:
4. Once the district committee acknowledges the declaration and the production date, and affixes an official seal, the testator and the witnesses must sign their names.

The will shall not be valid if there is any erasure, addition, or alteration existed on unless the testator signs it.

Verbal Will

Section 1663 of the TCCC gives an exemption for a testator in making an oral will under one of the following circumstances:

1. Imminent danger of death.
2. During an epidemic or war. 

If one of the circumstances occurs, the testator must do the following steps:

1. Declare to make the will with at least two (2) witnesses present simultaneously.
2. The witnesses must inform the district committee regarding the creation of the will with these elements:
   1. An oral statement made by the testator.
   2. Date of making the will.
   3. An exceptional circumstance that does not allow to make a will prescribed by the law.
3. The district committee notes down the statement.
4. The witnesses sign for acknowledgment of ascertainment.

Should you have inquiries regarding drafting a will in Thailand, don’t hesitate to reach out us. Our team of Thai and international lawyers is dedicated to assisting you in every possible way.

Category: Civil and Commercial Law, Thai Will and Testament