When a foreigner dies in Thailand their estate will be distributed according to the stipulations of the law on inheritance. Failure to make a will can lead to family disputes and lengthy legal proceedings.
Inheritance in Thailand is classified into six different classes of statutory heirs. Married surviving spouses are usually one of the first groups to inherit.
Legal Requirements
When a person dies, their estate is divided according to the stipulations in their will or the law on intestate succession. A lawyer can help structure a will that complies with Thai laws and meets a client’s wishes. The process involves determining the best way to pass on your assets while legally protecting creditors and minimising tax obligations. A comprehensive estate plan can also include power of attorney documents and advanced directives.
Having a Thai Will is essential for foreigners who own property in Thailand. Without a will, state law dictates how heirs will inherit, and this may result in property being given to relatives that you never intended or that do not qualify as statutory heirs under Thai law (i.e., a surviving spouse). A well-drafted will can minimize family disputes and save time and money for heirs.
A will must be written in the testator’s own handwriting and signed in the presence of two witnesses. It can be registered as a secret or public will. The will should also be notarized to add a layer of validation. A lawyer can help draft a legal will and ensure that it meets the requirements of Thailand’s Civil and Commercial Code.
A comprehensive estate plan should also include a durable power of attorney in Thailand, which is a document that allows the testator to authorize someone else to act on their behalf in the event of their incapacity or death. A lawyer can help draft a durable power of attorney that complies with the requirements in Thailand, as well as other countries where you have assets.
Drafting a Will
Crafting a valid last will and testament in Thailand involves a number of important steps. First, you need to take stock of all your assets and determine how you wish them to be distributed after your death. You then need to choose heirs and assign shares, appoint an executor, and address any other relevant issues.
It’s also advisable to draft your will in both Thai and English for clarity and to avoid any misinterpretations. Finally, you must comply with the required formalities, such as ensuring that it is signed in the presence of two witnesses and notarized.
Having a will is important because it clearly outlines your wishes and makes the process of settling your estate that much easier. Without a will, Thai law will decide who inherits your property, which may not align with your own desires.
There are several ways to legally make a will in Thailand, with the most common being a written and witnessed Will based on section 1656 of the Civil and Commercial Code (template download). A verbal will is also allowed, but this is generally reserved for exceptional circumstances. Ultimately, seeking the advice of a qualified legal professional is the best way to ensure your wishes are respected and that your estate is settled according to Thai law. This will also help to avoid costly and time-consuming legal complications.
Executing a Will
In Thailand, a last will and testament allows you to state how you wish for your assets in the country to be distributed after your death. This process can reduce the stress and cost to your family in settling your estate. In addition, you can include a Living Will (advance medical directive) to state your wishes for health care if you lose capacity. Combining both documents makes for a stronger and more comprehensive estate plan.
You can execute your will in two ways: either by a handwritten and signed document or by a public declaration made before an official called the Kromakarn Amphoe. The latter is more formal and requires you to share your wishes in Thai with the official and witnesses before signing it (Civil and Commercial Code section 1658).
It is highly recommended that you work with an experienced estate planning solicitor or legal professional when making a will. They can provide guidance, ensure compliance with Thai law, and address any concerns or complexities. It is also advisable to have your will translated into Thai and have it notarized to avoid any potential misunderstandings or disputes after your death.
Living Will
Having a Living Will is one of the most important components of your Estate Plan. This document allows you to state your end-of-life medical wishes. It is a type of Advanced Directive that will go into effect once doctors determine you are terminally ill or in a permanent vegetative state. Having this in place ensures that your loved ones do not have to make excruciating decisions for you while you are unconscious.
