When should you make a Will in Thailand?
- If you spend most of your time in Thailand
- If you are married to a Thai national
- If you have children
- If you have some kind of property in Thailand
- If you spend your retirement here
Then we advise you to draft a Thai Will that covers your Thai assets and property. Thai law is quite clear in what happens to your assets should you die without a last will and testament. Your loved ones will have much greater difficulty in accessing your assets after your death. Under Section 1635 of the Thai Civil and Commercial Code, your spouse will be entitled to half the marital assets with the remaining property then divided between the spouse and children or statutory heirs under Section 1629, following the priority list:
- Brothers and sisters of full blood
- Brothers and sisters of half blood
- Grandfathers and grandmothers
- Uncles and aunts
- Kingdom of Thailand
If the heir is a minor or of unsound mind or incapable of managing his or her own affairs according to guidelines set out by the Thai Commercial and Civil Code, then the court will appoint a guardian or curator if you they don’t already have one legally assigned. If there are no living relatives and no Will, then your estate goes to the state. If you have heirs and die either with or without a Will, then they will need to hire a lawyer to prepare court probate proceedings in Thailand. And if they are overseas then they will need to travel to Thailand to wrap up your affairs.
Using a law firm ensures that you have every aspect covered and the Will is in both Thai and English, a lawyer can walk you through distribution of your assets and make sure that your property goes exactly to the beneficiaries you choose, and that it has no loopholes or other issues that may cause problems and force the Will to Probate Court.
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