If you die without a Thai Will the law decides who inherits your wealth. Heirs are classified into six classes including descendants, parents, brothers and sisters of full blood, half-brothers and half-sisters, grandparents and aunties and uncles.
A well drafted and properly executed Thai Will can help prevent disputes and ensure that your estate is distributed according to your wishes. Contact a professional to review your situation and make any necessary changes.
Legal Requirements
A Thai Will is a legal document that stipulates how a person wishes to distribute their estate after death. It also appoints an executor and settles any debts. It is important for any foreign national who owns property in Thailand to draft a Will to avoid costly legal complications after their death.
A Will must be drafted in the presence of witnesses. The document must be signed by the testator and the witnesses. It must also be dated and filed with the local Kromakarn Amphoe. During the drafting process, it is important to name the heirs and their portion of the inheritance. It is also important to include any special circumstances or conditions that may apply to the inheritance.
When making a will, it is best to consult with an attorney. This will ensure that the document meets all legal requirements and is enforceable in court. In addition, a lawyer can help avoid common mistakes that can void the document.
In the event of a death in Thailand without a will, the estate is distributed to “statutory heirs.” This includes the deceased’s children and spouse, then their parents, and then full-blood siblings and more distant relatives like aunts and uncles. In addition, half of the shared property between a husband and wife is given to the surviving spouse.
Mistakes to Avoid
Whether you’re an expat with assets in Thailand, or an indigenous Thai with cross-border wealth, a well-prepared will provides clarity and legal certainty for your loved ones. However, it’s easy to make mistakes that could render your will invalid or void, leaving your estate subject to legal challenges and potential conflict.
One common mistake is using witnesses who are not legally capable of signing the will (i.e. beneficiaries or close family members). Vague or ambiguous wording is another common problem, which can lead to disputes and unforeseen consequences after your death. Another mistake is failing to update the will after major life events, such as marriage or divorce, or upon acquiring new assets.
A well-drafted will is more than a simple expression of intent; it’s an investment in the future of your family. Without a will, your estate will be distributed based on rigid legal heirship classes, which may not align with your personal or family preferences. By taking the time to create a will, you’re giving your family peace of mind and avoiding unnecessary legal complications in an already stressful and emotional time. The professionals at KTP Legal Advisory are committed to guiding you through this process with empathy, professionalism, and clarity. Contact us today to get started.
Naming Heirs
A Thai Will allows you to decide who will inherit your wealth. Without a Will, the law will decide and it is very possible that your property could end up in the hands of relatives you would not have wanted to share your wealth with. If you do not wish to include an heir in your Will, the law allows them to be disinherited (Section 1607 of the Civil and Commercial Code). This is done by writing a declaration to that effect, which must be deposited with the relevant official.
Foreigners can be heirs in Thailand but the Land Code (Section 93) imposes a strict restriction that they must dispose of any inherited land within one year of registration. This is likely to cause a great deal of distress for families and, in some cases, force a sale at a time when the family is least prepared for it.
A good Thai estate lawyer can help you understand your legal position and offer guidance to structure your property affairs to avoid complications when the time comes. This can protect your assets and ensure that they are distributed to the people you care about most, without triggering complex legal proceedings that may deplete the value of your assets. It can also reduce the risk of conflict and misunderstandings between family members at a time when they are most vulnerable.
Distribution of Assets
A last will is a legal document that details the assets you own in Thailand and your wishes for their distribution upon your death. It must adhere to the stipulations of the Civil and Commercial Code (CCC) to be valid, including a signature in front of two witnesses. The presence of a notary adds an additional layer of validation. This helps prevent misunderstandings and disputes after your death, particularly among family members.
Without a will, state law decides who inherits your wealth. Heirs are classified into six different classes. The surviving spouse is eligible to receive a certain percentage of the estate depending on the class to which they belong. However, a will is the best way to ensure that your assets are passed on to people you want them to.
Effective estate planning requires a substantial understanding of Thai inheritance law and procedures. A qualified lawyer can help you draft a will, choose an executor, and address property restrictions to avoid complications after your death. In addition, lawyers can help you set up trusts to simplify and streamline succession, while protecting your wealth from creditors. They can also advise you on ways to repatriate your wealth to your home country. For foreigners with significant international assets, this can be critical to avoiding lengthy probate proceedings and taxes.
