Last Will and Testament in Thailand
Do you have a last will and testament in Thailand? If not, it is highly recommended that you do. Whilst it is true that having a very simple situation where the only things you own in Thailand include some personal items and a bicycle could mean that you do not need a will, for the vast majority of people in Thailand, a will will make the inheritance and probate process much easier. Most people acquire property throughout life, which usually includes a condo or other dwelling, as well as money in a bank account, vehicles, shares in a company, and other similar property in Thailand. No matter if you pass away in the city centre of Bangkok or the countryside of Buriram, having a last will and testament in Thailand is strongly advised.
What does a last will and testament look like in Thailand? In Thailand, TFL will help you draft a document in both English language and Thai language that will be your last will and testament. This document will detail many aspects of what you want to happen when you die. For example, you can determine the funeral arrangements you want to have. Some people would like their bodies shipped back to their home country, which can be done from Thailand. Others prefer a much simpler cremation funeral, which is common in Thailand. Furthermore, you can lay out precise plans for what happens with your assets in Thailand and who receives them after your passing. You can provide conditions for family and friends outside Thailand as well as inside Thailand.
A last will and testament can be simple, or it can be extremely detailed, including many various conditions. For example, no one knows when death will come, and it is possible that one of your named heirs dies before you. Then, that portion of your estate could end up going to someone you had no wish to give anything to. On the other hand, you may want to name one of your young children as an heir. However, when you die, they may not be old enough to take over ownership of the asset. Finally, you can make parts of your last will and testament in Thailand contingent on various events happening. TFL can assist in making your last will and testament as simple or as detailed as you want it.
After you pass away, the last will and testament will make it far easier for your heirs to gain access to your property. This means the inheritance process in the court (sometimes called probate) will be simpler as well. Below TFL has included some common questions and answers that should help you. Also, please read our information about the inheritance process and probate in Thailand. As always, you can contact Thailand Family Law Partners (TFL) for other specific questions.
A: Having a will in Thailand will make it far easier to make sure your heirs receive what they are supposed to receive after you die.
A: This will vary depending on what you want to include in your last will and testament. For reference, TFL has produced wills that were as brief as 2 pages in length, and we have also produced complex wills that were over 20 pages in length. The average length of our wills is around 7 pages.
A: No, sadly Thai law still requires probate even if you have a will. By probate, we mean the inheritance process in the court, which is also the process of naming an executor of your estate. Having a legal will will make this process much, much easier. In addition, a well-written will will be impossible to contest. We have seen many cases in Thailand where family members who had not contacted the deceased trying to get a percentage of the estate. Had this person had a last will and testament in Thailand, it would have been impossible for this to happen. Having a will simply means that whatever you want to happen with you money and property after you die will happen.
A: The process of registering your will in Thailand is voluntary and not necessary for the establishment of a legal will. Some of our clients like to register the will with the local district office (amphur or khet), and TFL has supported this in many cases. Alternatively, you can register the will with our registered law firm office. That way, we can prove that the will exists if there is a need for that. Finally, many of our clients choose not to register their wills at all. This is also legal in Thailand, as long as someone finds the will when you pass away.
A: Yes, of course. Please send us an email, give us a call, or leave us a message here.
