Some people may consider Last Will and Testament as impractical and unimportant while others may view it as something unpleasant because for them, preparing it seems like they are preparing for their demise.
Well, the premise of “preparing something” for a person’s untimely demise is in fact the very reason why the Last Will is drafted, signed and executed. This document is highly important considering that it can prevent lawsuits from happening when the owner of something significant passes away. Further, the previous sentence supports practicality of a Last Will as it prevents, aside from lawsuits, animosity between family members and relatives.
The Civil and Commercial Code
Article 1629 of the Civil and Commercial Code stipulates the distribution of the assets if the owner of these has left no Last Will and Testament:
- Brothers and sisters of full blood
- Brothers and sisters of half blood
- Grandfathers and grandmothers
- Uncles and aunts
However, the Sin Somros or half of the estate will be turned-over to the spouse first (if the person who passed away is married) before these will be distributed to the relatives listed above.
If and when the person who just met his untimely demise has no Last Will and Testament and no relatives in Thailand, the assets he left will be turned-over to the state.
What if the person who passed away owns a land through a company?
If the owner of the said property has left a property on freehold but through a company, such land will not be turned-over to the descendants but the shares of the company instead.
What about leasehold?
If a long term lease is already in effect and the lessee has paid in advance for its renewal and a succession clause is in place on the lease contract, it may be that the right of the lease of the original lessee can be transferred to the heir and this can be supported further through the Last Will and Testament.
The Last Will and the Legal Advice
For a person seeking the legal advice in Thailand for proper drafting of his Last Will and Testament, it is highly essential for him to seek the assistance of a reputable lawyer or law firm in the Kingdom the earliest possible time. This is so because lawyers can help him identify which property or assets to include in the will basing on the applicable laws of the Kingdom.
Also, it can be that the Last Will and Testament executed in Thailand may not be applicable in another country so to make sure, he should clarify this issue with his lawyer as there may be a need for him to execute a separate Will for his assets in Thailand and another one for his assets in another country.
Siam Legal Chiang Mai is a full service law firm that provides services relating to the drafting of a Thai will. It houses both Thai and foreign lawyers, attorneys and solicitors that are more than capable in helping a person drafting a will.
05-381-8306 / 05-382-0619 / +66 5381-8306