Last Will and Testament in Thailand: The Legal Nuts and Bolts

If you have a property in Thailand, it is important to make a last will and testament, else the government will decide how it needs to be distributed. In Thailand, succession falls under the Sections 1599 and 1600 of the Civil and Commercial Code. And rules that are related to the international issues are governed by the Sections 37 under the Act on Conflict of Laws.

It is recommended to get your Last Will in Thailand prepared in your native country as well as in Thailand. Of course, you won’t want to think about your demise, but then not getting your will and testament drafted may ultimately make you lose your property. Your house or land or any property in Thailand will gain value once the contract is signed and you had made an initial payment. Even before transferring the property you will at least have an asset for consideration.

For drafting of the Thai Will, you will need to show documents stating the details of all your assets in Thailand, including bank accounts, personal items, property, and vehicle. Usually, upon the demise of a foreigner in Thailand, the officer asks for the copy of a Will to the family. And if it has been drafted in your native place and not in Thailand, then it can be a little problematic for your family as all the documentations will need to be translated and notarized by the Thai government body. Therefore, preparation of a separate Will of your assets in Thailand is highly recommended.

However, if no one is included in the Thai Will, then according to the CCC Section 1629, the intestate’s assets will be distributed according to the classes of relations, which are stated hereunder,

• Descendents
• Patents
• Brothers and sisters (full blood)
• Brothers and sisters (half blood)
• Grandfathers and grandmothers
• Uncles and aunts

Significantly, before distributing any of the estates to the relatives, the spouse will get the half of it, if any. And the remaining will be equally distributed. In case there is no Thai Will, the government will have all the right to devolve. In order to get your properties and assets in Thailand covered you must get your Thai Will drafted. However, individuals who own land under a Thai Company on a freehold basis, the property in such a case will not be passed to the heirs simply. Instead, it will be distributed in the form of shares of the Thai Limited Company.