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Jul
02

Define Last Will in Thailand - Thai Legal Will Defined

Author // Nadia Henderson (foreign legal consultant)

 Last Will (Thai/English) by lawyers
4,800 THB

A Thai last will or testament (last will or testament in Thailand have the same meaning) is the last legal declaration by which a person, the testator, provides what should happen to his body and assets at death. It also could name one or more persons as executors to manage the execution of the estate. Last in 'last will' means it is the last written instructions of the maker of the will, i.e. before writing another will.

If a person dies (stops living) his assets can be transferred either by will or through succession laws (where the deceased has failed to execute a valid will). If a person has not made a will his/her wishes may not necessarily be carried out.  A valid legal will ensures a person's assets are given to those who they have chosen to inherit their assets upon their death.

We draft last wills and testaments in Thai and English specifically for assets in Thailand online through a standardized procedure.

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If you have definite ideas on what should happen to your body and how your assets should be distributed when you die then you must make a will. If you have NOT made a will the law will determine what happens to your body and assets. Your assets will be distributed among the statutory heirs according to inheritance and succession laws.

We can help you make a will in Thai and English specifically for assets in Thailand, excluding assets in other countries. Upon making a Thai will, you must ensure that your foreign will excludes Thailand and that any subsequent will you make in another country does not supersede your Thai will. Our Online services include making a professional, comprehensive will in Thai and English within 4 business days for 4,800 THB. Offered by Siam Expat Law Co., ltd offering online legal services in Thailand.

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Thai Inheritance law

Devolution of property in Thailand not disposed of by will is governed by the inheritance chapter of the Civil and Commercial Code. Under section 1629 Civil and Commercial Code there are 6 classes of statutory heirs and they are entitled to inherit in the following order:

1) descendants
2) parents
3) brothers and sisters of full blood
4) brothers and sisters of half blood
5) grandparents
6) uncles and aunts

The surviving spouse is a statutory heir subject to section 1635 Civil and Commercial Code. So long as there is an heir surviving in one of the classes, the heir of the lower class has no entitlement to a share in the assets. The one exception is where there is a descendant and a parent in which case they take an equal share (section 1630). If there is more than one heir in any one class, they take an equal share of the entitlement available to that class.

Under Thai inheritance laws the surviving spouse is a statutory heir but their entitlement depends on what other class of statutory heir exists. If there are surviving children of the deceased, the spouse and children take the estate between them. Therefore, if there are three children, then the estate is divided in to four equal shares.

The concept of a holographic last will and testament is a valid form of will under Thai law and means that the testament is written wholly by the testator himself. Section 1657: 'A will may be made by an holograph document, that is to say the the testator must write with his own hand the whole text of the document, the date and his signature'.

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