In Thailand, inheritance can take place either by law or on the basis of a will. A will concerning assets in Thailand must be made within the Kingdom. If a will is made abroad, it will only be valid in Thailand after legalization.
A will may be made in one of the forms предусмотренных by the Civil and Commercial Code:
- In written form, signed by the testator in the presence of and countersigned by two witnesses
- Entirely handwritten and signed by the testator, without the need for witnesses
- At a local government office in the presence of an official and two witnesses
A will may be made in favor of a relative or any other person, for one or multiple beneficiaries, in any proportions. If at the time of making the will a beneficiary is a minor (under 20 years old), a guardian must be appointed to act in their interests until they reach legal age.
A will may include any movable and immovable property: condominiums, money held in bank accounts and cash, vehicles, company shares, contractual rights, etc.
If there is no will, the court will be required to identify all heirs and distribute the estate in the following order:
- Children (literally “descendants”, including children, grandchildren, etc.)
- Parents
- Full siblings
- Half-siblings
- Grandparents
- Uncles and aunts
The spouse is entitled to an equal share alongside heirs of the respective class.
InvestEast offers the simplest and most reliable option for drafting a will — in written form, signed by two witnesses and the lawyer who prepared the document.
Documents and information required for drafting a will:
- Passport of the testator
- Copy of the passport of the beneficiary(ies)
- Title documents for assets in Thailand (chanote, house book, bank book, vehicle documents, etc.)
- Addresses and contact details of the testator and beneficiary(ies)
Advantages of a will compared to inheritance by law:
- A will provides certainty that your plans regarding your assets in Thailand will be carried out
- You can include close persons who are not your relatives as beneficiaries
- You can exclude relatives from inheritance, for example if contact has long been discontinued
- You can protect minor beneficiaries by appointing a trusted guardian until they reach adulthood
- You can appoint an executor to ensure the will is properly implemented
We will help you compile a full list of your assets in Thailand, prepare copies of all title documents as attachments to the will, and, if desired, keep one copy of the will in our office.
For all questions regarding will preparation, please contact: +66 65 665 1970.