A Last Will is the document outlining the final wishes of a person regarding their possessions after their demise. If a foreign national expectedly or unexpectedly dies in Thailand, their Last Will, if crafted only in their home country, may lead to serious complications for their family members. These include translating, notarizing, and approving all the related documents to name a few. To avoid such complications, it is a good practice to have the Last Will prepared in both the countries i.e. the home country of the foreigner and the Thailand.
According to the Civil and Commercial Code in the Thailand Laws, expatriates residing in Thailand can protect their assets and properties by making a Last Will. The Last Will can include a number of jurisdiction clause which can limit the effect of the Will specifically to assets located in Thailand. If you make a Thai Will, you must ensure that your Foreign Will do not include the properties and assets located in Thailand. Along with this, you must also ensure that any subsequent Last Will you make in another country does not replace the testamentary dispositions under your Thai Will.
As a general rule, a Last Will in Thailand can be made of one of the following types:
It is suggested to keep a list of assets and liabilities in Thailand with a copy of your will. This list should include details of your house, its contents, vehicle(s), jewelry, cash at bank, quoted stocks, shares, and other assets/liabilities in Thailand.
When making a Last Will in Thailand, it is important to observe all the legal requirements. There are some significant rules which can invalidate the Will even when it seems that all the requirements are met.
Your witness can be an individual person who:
These are the requirements for a witness. Any person not meeting these requirements is not deemed perfect to being called a witness.
If you are looking to make your Last Will in Thailand or a Testament, our team of legal experts at Sunbelt Asia Legal Advisors can help you. We, Sunbelt Asia Legal Advisors, are a legal firm in Thailand. We will help you make your Last Will that will meet all the requirements and will not contradict with your Last Will in some other country. If you want to know more about us or have some questions or want to book a free consultation, feel free to contact us at +66 (0)2642-0214.
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