Last Will and Testament in Thailand

Losing a family member is always a difficult time, especially if it were to happen in a foreign country. Planning ahead and making a Last Will and Testament for your assets in Thailand will ensure they are shared among your cherished ones without conflict and with the least administrative burden.

Although it seems to be a relatively simple process, such an important document requires being aware of all the basic rules associated with it. Read on to avoid running the risk of making an invalid Last Will.

There are five different types of Wills recognized by Thai Law:

1. Regular Last Will and Testament

This is the most common type of Will. It must be done in writing, and must state the date on which it has been made. The Testator must sign in presence of two simultaneous witnesses, who in turn must sign the document as well.

2. Manuscript Last Will and Testament

This type of Will is written by the Testator in person, with his own handwriting. The Testator cannot ask someone else to write the Will for him. Similarly to the Regular Will, the document must state the date on which it has been made. Any modifications such as cross-outs must be signed by the Testator as well, otherwise the part concerned would be invalidated.

3. Registered Last Will and Testament

A Registered Will is made by declaring one's intentions in presence of the Head Officer at the Local Administrative Office and two more witnesses. Once the intentions are declared, the Head Officer must read them to the Testator and the two witnesses, and as the Testator and the witnesses confirm that the written intentions are truly according to the will of the Testator, they all must sign the document. The Head Officer will also have to date the document as well as sign it and stamp it with his seal. Any modifications and cross-outs must be counter-signed by all parties involved.

4. Secret Last Will and Testament

This type of Will is made to be known only by the Testator (and eventually the writer). As the above types, it must be signed by the Testator, but it must also be sealed and the Testator must sign on the seal. Then the sealed Will must be brought to the Head Officer of the Local Administrative Office, together with two witnesses, and must declare to the Head Officer that inside the sealed envelope is the Last Will of the Testator. If the Testator hasn't written the Will himself, even partly, he/she must then also declare the name and address of the person who wrote it. Once the above declaration to the officer is done, the Testator must write the date of the Will on the envelope, and sign along with the two witnesses, and finally the Head Officer will sign and stamp his seal on it.

5. Verbal Last Will and Testament

This kind of Last Will is to be used only as last recourse, when the Testator is physically unable to make one of the above types of Will. If this is only temporary and as soon as the Testator is again able to, he/she shall make his Last Will in one of the forms above, within one months from the date when he/she has regained such ability. The Verbal Last Will must transmitted verbally to two witnesses, who must then present themselves to the Head Officer of the Local Administration Office as soon as possible, and declare the Last Will as pronounced by the Testator, as well as the date they were informed and the special circumstances requiring this type of Will to be done. The Head Officer will then write down the contents to be signed by the two witnesses.

In addition to the above, there are some very important rules, that could invalidate the Will even if it corresponds to one of the above types. One of these is that heirs cannot be witnesses or otherwise participate in the creation of the Will, even if he/she is the spouse of the Testator. Another is that individuals who either haven't reached their legal age, are mentally unsound, deaf, mute or blind cannot be witnesses to the Will.

Documents not qualifying for any of the above categories or not respecting the rules mentioned above will be deemed invalid, and therefore the Succession Process will have to be carried on as if no Last Will had been done. This usually ends up being much more complicated, since it requires all the concerned relatives to agree, which is not always easy.

Consulting a Legal Adviser to draft a Last Will will ensure that your assets will be divided among your relatives the way you intended, without least conflict between your relatives and will facilitate all the necessary steps with the authorities.