Do we need a Last Will and Testament in Thailand?

With the growing number of people retiring in Thailand, our agency has received a quantity of inquiries for a Last Will and Testament. The primary query that we obtain is, “Do I need a will?”
What does a Last Will and Testament do?
The objective of a Last Will and Testament is to direct funeral arrangements, decide property distributions, assign a guardian to a minor, guide the fee of debt, and appoint a private consultant. Without a Will, the courts will appoint somebody to do these duties.
A Last Will and Testament ensures that your property is distributed to the one who you need to profit, and to not anyone else.
Thailand like almost all jurisdictions has a default property distribution in your remaining property if you have not left a will. If you die without a will, your remaining property will devolve to your statutory heirs.
There are six courses of statutory heirs for the property of an individual who dies without a will:
1. Descendants (children) 2. Parents 3. Brothers and sisters of full blood four. Brothers and sisters of half blood 5. Grandparents 6. Uncles and Aunts
If the deceased has a spouse and there are no different heirs, the partner is entitled to the entire property. If there’s a spouse and heirs, the spouse is entitled to half of the deceased’s property. If there are not any spouses and solely heirs, the heirs shall be entitled to the entire deceased property. If there are not any heirs and no spouse, the state will take over the property.
Do I need to execute a Last Will and Testament in Thailand?
The question of whether or not a person needs a Last Will and Testament is personal to that particular person. If the individual isn’t married, does not have household, and has no property, then a will may be of little worth after they pass away. However, if an individual is married, has minor children from a earlier relationship, and a considerable quantity of property, it’s prudent to arrange a Last Will and Testament.
The Last Will and Testament must be made based on Thai law if the person has property or massive monetary accounts in Thailand. If the deceased’s private or actual estate is located in Thailand, the property should undergo Thai probate for title to the property to be transferred.
For a Last Will and Testament to be legitimate in Thailand, the will should be dated and signed by the testator within the presence of no less than two witnesses who certify that the testator signed the will. The witnesses cannot be the partner or anyone who will receive a distribution. While the need just isn’t required to be notarized or registered, it may be prudent to do so. Replicate and Testament can be filed publicly or privately sealed with the local amphur.
Different jurisdictions also have completely different necessities in the drafting and signing of a will. If the property is in a number of jurisdictions, it is prudent to guarantee that the need meets the minimal necessities of all of the jurisdictions. The Last Will and Testament could be written in any language but will have to be translated into Thai when submitted in probate courtroom in Thailand.
To make positive that the Last Will and Testament complies with the legal necessities in Thailand, the document ought to be reviewed by a Thai legal professional who’s experienced in handling such issues. It is simply too late to ensure compliance when the testator has passed away..

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