The ideaof making a will is somethingmost of the people are reluctant to even consider. As loss of life is a verysensitive issue, any topicthat isdirectly or indirectlyassociated withit isavoided. however, for otherpeople, writing a will is almosta necessityparticularly if it concernslargeproperty, assets and investments.
In Thailand, the exerciseof making a will and testament is prettynot unusualamongstthosein thetop strata of society. The Thai peoplegenerallyrecognize the significance of executing a last will and testamentso that the distribution of the property and residenceswill bedoneaccordingto what isdistinctinside the will. in the absence of which, the Thai inheritance law will decide what happensfor yourproperty upon your demise. One possibility is that your property, with out a will, can bedistributedin line with the conditions of the Thai Civil and commercial Code taking account the kinds of relationships and order of priority of the lawful heirs.
For a Thai Will and testament to be valid the willneed to be made bysomeone of sound mind and need tofollowone of theforms prescribed in chapter 2 of the Civil and commercial Code.
a personneed to be at least 15 years of age or he cannot witness or make a will. The beneficiary in thelast will or testamentcan’t be a witness of the will.
A Thai Will and testament is consideredfinal and executory if all theparticularnecessities and prerequisites of the sort of Will and testimony made are complied with. If one of thespecificationsare not met, it can be questioned for its validity, and in the end be considered null and void.
Kinds of Will in Thailand
Holographic Will. The mostcommonlast will and testament in Thailand is one carried outvia the testator in writing, dated at the time it turned into written, signed through the testator with at least 2 witnesses who sign their names to certify the signature of the testator.
A secretdocument registered with the local Amphur. The testator have toclose the document (his last Will), sign and hand it over to the sameofficial as defined in section 1660 of the Civil and commercial Code. 2 witnesses mustalsosign the closed document and the official will seal the closed final Will and testament. If the last Will and testamentwasnot handwritten by way of the testator, he (testator) have tostate the name and domicile of the writer.
Will by usingword of Mouth.That is allowed under Thai law in surecases or superbinstancessuch asimminentdanger of dying which prevents the person from creating a will in any of the prescribed forms as prescribed inside the Civil and commercial Code.
A public document. The last Will and testimonymay be made as a public recordat thelocal amphur by way of a declaration to the relevant public officer. The testator mustclaim his needsinside the Thai language to the general public officer who in turnhave to write down the testator’s statementin the Will in Thai. The officialshouldread the declaration once more to the testator and witnesses who have toadditionallysign the last Will that is drawn up with the aid of the Thai public officer. it’s far required that the testator using this formneed toread and write Thai.
The last Will and testament in Thailand is difficulty to the appointment of an executor or administrator. The court determines if the testator has made a valid will. If no legitimatelegal Will and testament is made or decided, the property could bedisbursedmost of the statutory heirs pursuant to precise Thai Inheritance laws.
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