Although it may be difficult to think about, it is advisable to plan in advance how your assets should be managed after your death so that they are properly distributed to your loved ones. A will can be subject to many legal complications that may render it invalid. Here are some important points to consider in order to create a legally valid will under Thai law.

The person who writes a will is called the testator. Only natural persons can be testators, as legal entities cannot die on their own (but can be dissolved). For the will to be valid, the testator must not have acted under duress, mistake, or fraud; otherwise, the will can later be revoked or declared invalid.

Minimum age for the testator

According to Section 25 of the Thai Civil and Commercial Code (CCC), a testator must be at least 15 years old. They can make a will themselves without needing the consent of their legal representative (e.g., their parents). A will made by a person under 15 is invalid. This differs from other legal transactions, such as a real estate purchase agreement, which, if made by a person under 20, is contestable without the consent of their legal representative.

According to Section 1704 of the Civil Code (ZGB), a person declared legally incapacitated or mentally ill cannot make a will. A person is legally incapacitated if they are unable to manage their own affairs. A will made by such a person is invalid. However, a person who is unable to manage their own affairs due to a physical or mental impairment, regular intoxication, or similar reasons may make a will without the consent of their guardian. This will can, however, be contested subsequently if it is discovered that it was made while the person was intoxicated or legally incapacitated.

Types of Thai wills

Thai inheritance law recognizes various forms of wills: the simple will, the handwritten will, the public will, the secret will, and the oral will. Each form of will is subject to specific requirements. For example, a handwritten will does not require witnesses but must be entirely handwritten by the testator. In addition to the simple will, the public will is also common, as the testator must register their will at the district office (Amphur) in the presence of two witnesses, making it easily verifiable. The simplest form of will is the simple will, which requires the presence of two witnesses at its execution.

Witness to a will

Witnesses play a crucial role in the creation of a will. Minors (persons under 20 years of age), persons with limited legal capacity, persons considered virtually incapacitated, as well as deaf, mute, or blind persons may not act as witnesses. A witness to a will must sign it. Fingerprints, seals, or crosses are not permitted. It is important to note that a witness to a will may not simultaneously be an heir. Should an heir nevertheless act as a witness, the will is valid, provided the required number of witnesses is present, but the heir cannot inherit any of the assets stipulated in the will, either wholly or partially. The spouse of a witness also cannot be an heir. Likewise, the person who drafts or types the will for the testator, including their spouse, cannot be an heir.

Electronic wills

Electronic wills are not yet permitted under Thai inheritance law. Although the Electronic Transactions Act BE2544 (2001) was enacted to address the significant increase in electronic transactions, it explicitly states that it does not apply to transactions related to family and inheritance matters. This means that any electronic signature on a will, even in the presence of sufficient witnesses, invalidates the will under Thai law.

Lawyer specializing in inheritance law in Thailand

Siam Legal is a law firm in Thailand offering various services to protect the rights and interests of foreigners in Thailand. For questions or problems related to wills, please feel free to contact our team of Thai inheritance and real estate lawyers via the link below:

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