The Thai laws governing wills and estates are those which deal with family law and in particular with succession and inheritance found within the provisions of the Thai Civil & Commercial Code.
Unlike laws of the west which govern wills and estates, Thailand doesn’t have any notion of trusts and thus when a person dies, their estate passes directly to the beneficiaries named in the last will and testament or to the closest relatives according to the default succession and inheritance provisions found within the Civil & Commercial Code.
Needless to say, it is highly recommended for every person holding any kind of assets, to create a last will and testament which can be acted upon once the testator/testatrix (person making the will) dies. The reasons for this are relatively obvious given the alternative of a person dying intestate (without a will).
Moreover, it can be equally (if not more) advantageous for a person to make a “living will” which can address issues of medical care, accommodation, application of funds and so forth in circumstances where the person becomes either mentally or physically (or both) then the living will can be invoked (actioned) so that the provisions stated by the person when in their full mental capacity can be brought into effect at obvious advantage to the person who made the will.
As with any other legal document that deals with property and very important matters, a will (last or living) needs to be drafted in a specific and lawful manner so that it’s provisions and intent are clear and also so that once the will goes to probate (being proved in a court of law) then there are no issues or arguments which might adversely affect the estate or the intent and last wishes of the testator/testatrix. This requires the skills of a competent lawyer familiar with laws of inheritance and succession and the proper drafting and implementation of legal documents pursuant to the requirements of the Thai Civil & Commercial Code.
At Diamond Russell Lawyers we can assist you in the proper and lawful preparation of documents for a last will and testament or a living will. If you have any queries or if you have an old will and testament which you would like to have ratified, please feel welcome to get in touch with us