Having a will is important to ensure that on death, a property passes to those of the deceased choice, in the most tax effective way. The Civil and Commercial Code has:
- Requirements for a valid will
- The rules for distribution of property on death where no will, or no valid will, has been made (intestacy).
For a will to be valid in Thailand, it must be made in compliance with Thai law. It is always advisable to seek a lawyer’s advice.
- To make a will, a testator must be at least 15 years of age and have full mental capacity
- A will can be changed at any time before the testator’s death
- If a person makes a will, and then subsequently marries, the will remains valid under Thai law
- A will can be written in Thai or English. A will made in the Thai language is not essential, but can speed up the administrative process. The Thai courts accept wills made overseas, but they must be translated into Thai before they can be presented to a Thai court
- Generally, a will should be signed by the testator in the presence of two witnesses
- Under Thai Law, applying for a grant of probate is not necessary unless the owner of an asset to be transferred requires it or there is a dispute regarding the will or the gifts it contains
- A will should always be kept in a safe place, if not in the testator’s own possession, it may be wise to store it in a bank deposit box, or with a lawyer
The time it takes to administer an estate varies, depending on the nature of the assets and whether there is any dispute concerning the will, or the gifts it contains. If the executor or beneficiaries are foreign it will help speed things up if they employ a Thai law firm.
There is no inheritance tax or death duty in Thailand. But if land or buildings and certain other assets have to be transferred to beneficiaries, then Land Department fees and other fees or taxes are payable.
The deceased’s funeral must be arranged by the person appointed as executor in the will or another person who is specifically appointed to do so. Expenses for arranging the funeral can be claimed as stated in the law.
Note: It may be preferable for a person to make separate wills to apply in each country in which they own assets. For example, if separate wills are made for assets in the UK and Thailand, then it can speed up the process of estate administration in Thailand.
The form of a will
A will must be prepared as prescribed by Thai law. In general, a will must be in writing, dated and signed by the testator and at least two witnesses who are present at the same time as the testator signs and also in each other’s presence.
The testator does not need to reveal the contents of the will to witnesses, unless this is required by law. Certain persons are ineligible to be witnesses:
- A beneficiary under the will
- A person unable to manage his own affairs
- A person with mental incapacity
- A deaf, dumb, or blind person