A Thai Will and Succession involves the legal process whereby a deceased person’s assets are distributed to their descendants. We can help you draft a legal plan that complies with Thai inheritance law.
A public or secret will can be made by handwriting it and presenting it before a district official along with witnesses. In exceptional circumstances a verbal will may be valid.
What is a Thai Will?
A Thai will is a legal document that sets out your wishes regarding how your property and assets should be distributed after your death. Without a Thai will, your estate will be distributed according to the rules of intestacy to statutory heirs which may not align with your wishes or those of your spouse.
There are several types of Thai wills including holograph wills, wills written in the presence of two witnesses and wills made in front of a public authority. The most reliable type of will is a written and witnessed will as it is very difficult to contest.
A will should always be drafted by an attorney who is familiar with Thai laws and regulations. It is important to include a statement that the will is not contrary to the law, public order and good morals. The will should also contain a list of all assets and property in Thailand including the house, contents, car, jewellery, cash at the bank and quoted shares.
Who is a Thai Heir?
The selection of heirs and the distribution of assets to them is important in terms of ensuring that estate and property are distributed according to the wishes of the deceased. In Thailand, if a person dies without a will, the estate will be divided among his statutory heirs, which are defined by Thai law to include six classes of people: descendants; parents; brothers and sisters of full blood; half-brothers and half-sisters; grandparents and uncles and aunts.
A testator can disinherit a statutory heir only by an express declaration of his intention to do so. This may be done either in a will or through a legal document deposited with the court.
Foreigners who own property in Thailand should make a Thai Will to ensure their assets are protected. A lawyer can help with drafting the document and ensure it is properly executed in accordance with Thai law. A lawyer will also help with the process of probate, which is required to transfer ownership of a deceased person’s assets and property in Thailand.
What is a Thai Succession?
In Thailand, the heirs to an estate are determined by Thai inheritance laws. In cases where a deceased individual has not made a valid last will, the estate is divided according to Thai rules of intestacy.
An heir who is convicted of diverting or concealing property that exceeds their share of the inheritance may be excluded from receiving it. This applies to both Thai nationals and foreigners.
The succession of a dynastic throne has always been a complicated matter for monarchies, particularly those that follow male preference primogeniture. The current system is no different, with the reigning king having the sole right under the Palace Law of Succession to select his successor.
The favored heir of current King Bhumibol Adulyadej, Prince Vajiralongkorn, has faced complications from his marriage to an American woman. This could potentially keep him from taking the throne, as it is against royal protocol for a monarch to be married to a foreigner.
How is a Thai Succession Determined?
The heir to the Thai throne is determined by the 1924 Palace Law on Succession. The reigning King can nominate a son to be his heir and if the king dies before designating an heir, the president of the Privy Council will assume the title of regent pro tempore.
However, the heir to the throne is subject to certain rules and procedures and a change to the heir lineage is not without controversy. For example, in a case where two brothers have the same mother and father, full blood brothers are considered ahead of half-blood siblings.
As a result, this means that if Vajiralongkorn has multiple children and one of them is female, it could lead to the first reigning queen in Thai history. That said, it is unlikely that the constitution will be an obstacle to a female monarch in the near future.