At Business in Siam, we specialises in Thai family law

common law in thailand

Legal Requirements for a Last Will and Testament in Thailand

In order for a last will and testament to be legally valid in Thailand, it must meet certain requirements. These requirements are outlined in the Thai Civil and Commercial Code, which stipulates that a will must be in writing and signed by the testator (the person creating the will) in the presence of at least two witnesses.

Additionally, the witnesses must also sign the will in the presence of the testator and each other. The witnesses must be of legal age and must not be beneficiaries under the will. The witnesses must also be competent to testify in court.

It is important to note that a will that does not meet these requirements may be deemed invalid by a Thai court. Therefore, it is important to ensure that your will meets all of the necessary legal requirements.

Considerations for Creating a Last Will and Testament in Thailand

When creating a last will and testament in Thailand, there are several important considerations to keep in mind. These considerations include:

  1. Choosing an Executor: An executor is responsible for carrying out the wishes outlined in your will. It is important to choose someone who is trustworthy, responsible, and capable of handling the responsibilities of being an executor. You may also wish to name an alternate executor in case your first choice is unable or unwilling to serve.

  2. Determining Beneficiaries: You will need to determine who will receive your assets and property after your death. This can include family members, friends, charities, or other organizations. It is important to be clear about your wishes and to ensure that your beneficiaries are properly identified in your will.

  3. Consideration of Thai Inheritance Law: In Thailand, there are strict rules regarding inheritance. For example, spouses and children are entitled to inherit from the deceased’s estate, while parents and siblings are not. Therefore, it is important to consider these laws when creating your will to ensure that your wishes are in line with Thai inheritance laws.

  4. Updating Your Will: It is important to review and update your will regularly, especially if your circumstances change. For example, if you get married, divorced, have children, or acquire new assets, you may need to update your will to reflect these changes.

  5. Use of a Professional: It is highly recommended to seek the advice of a legal professional when creating a last will and testament in Thailand. Our lawyers have years of experience and are ready to provide you with valuable guidance to ensure that your will is legally valid and meets your wishes.

Inheritance Tax in Thailand

In Thailand, there is no inheritance tax. However, there is a transfer tax that is applicable when property is transferred from the deceased’s estate to the beneficiaries. This tax is generally low, but it is important to be aware of it when creating your will.

happy old couple

Draft your will with Us. Free Consultation below.

Consult with our team now!!

Business in Siam provides independent advice and services for companies and individuals, on all aspects related to Thailand

Scroll to Top

Discuss your case with an attorney now!

Discuss your case with an attorney now!