Best Will & Testament Lawyers in Bueng Kum

About Will & Testament Law in Bueng Kum, Thailand

Bueng Kum is a district of Bangkok, and wills made or probated here follow Thai national law under the Civil and Commercial Code on succession. A will is a legally binding document that states how a person wants their assets handled after death, who should act as executor or estate administrator, and who should be guardian of any minor children. Thai law recognizes several formal ways to make a will, each with specific signing and witnessing rules. If a will does not meet the legal form, the court can deem it invalid.

People living in Bueng Kum can make a will in writing in front of witnesses, in their own handwriting, or as a public or secret will at the district office. When a person passes away, a Thai court usually needs to appoint an executor or estate administrator before the estate can be collected and distributed. If there is no will, Thai intestacy rules decide who inherits. If there is a will but it affects certain protected heirs, parts of the will can be limited by law.

The Bueng Kum District Office provides civil registration services such as death registration, and is also where residents can make public or secret wills before a registrar. Probate applications for residents of Bueng Kum are typically filed with the court that has territorial jurisdiction for the area. Local lawyers regularly handle these matters and can guide you through the correct venue and procedures.

Why You May Need a Lawyer

You may need a lawyer if you have property in Thailand and want to ensure your wishes are carried out, if you have children from a previous relationship, if you own a condominium or land, if you have a Thai spouse and marital property, or if you are a foreigner with assets in Thailand. A lawyer can choose the most suitable will format, make sure the document is valid, and reduce the risk of disputes.

Legal help is especially important for blended families, cross border estates with assets in other countries, family businesses or company shares, high value estates that may trigger inheritance tax, gifts made during life that need to be coordinated with a will, or where a beneficiary has special needs. If someone has passed away, a lawyer helps prepare the probate petition, represent you in court, obtain the court order appointing the administrator, and coordinate asset transfers at banks, the Land Office, and other agencies.

Local Laws Overview

Forms of will. Thai law accepts several forms, each with its own formalities. The most common are a written will signed by the testator and two competent witnesses, a holograph will written entirely by the testator with date and signature, a public will declared to a registrar at the district office with two witnesses, and a secret will deposited with the registrar. An oral will is allowed only in exceptional emergencies where written forms are impossible, subject to strict rules. If the formalities are not followed precisely, the will may be invalid.

Witnesses. For a standard written will, at least two witnesses must be present together to witness the testator sign and must sign as witnesses. Witnesses should be 20 or older, of sound mind, and independent. Beneficiaries and their spouses should not act as witnesses. Using qualified translators is advisable if the will is not in Thai.

Capacity and age. A person must be of sound mind to make a will. In Thailand, a person who is at least 15 years old can make a will, though special rules can apply to minors. People under 15 cannot make a valid will.

Statutory heirs and intestacy. If there is no valid will, Thai intestacy rules decide who inherits. Thai law ranks statutory heirs in classes, starting with descendants, then parents, then brothers and sisters, then grandparents, then uncles and aunts. The surviving spouse is a statutory heir and also has specific shares under the law.

Reserved portion. Thai law recognizes a reserved portion for certain close heirs in some situations, such as descendants and parents. If a will gives away more than the law allows and infringes a reserved portion, those protected heirs can claim their legal share. A person can disinherit a statutory heir only for reasons allowed by law and through an express declaration.

Marital property. Assets acquired during marriage are usually marital property. On death, half of the marital property belongs to the surviving spouse and is not part of the estate. Only the deceased half is distributed according to the will or intestacy.

Language. A will can be made in Thai or in another language. Courts and offices will require a Thai translation for probate and registrations. A bilingual Thai English will is common for bilingual families and foreigners.

Probate. Even if a will names an executor, the court generally needs to appoint the executor or an estate administrator. The process involves filing a petition, notifying interested parties, a court hearing, and issuance of an order. Straightforward, uncontested cases can often be completed within a few months. Contested matters take longer.

Taxes and fees. Thailand imposes inheritance tax on individuals who receive assets in excess of a high threshold per recipient. As of current rules, inheritances above 100 million baht per recipient may be taxed at 5 percent for descendants and parents and 10 percent for others, with the spouse exempt. Separate transfer fees can apply at the Land Office for immovable property. Tax rules can change, so obtain current advice.

Local administration. Residents of Bueng Kum can make a public or secret will at the Bueng Kum District Office before a registrar. Deaths should be registered at the district office to obtain a death certificate. Probate is filed with the court that covers Bueng Kum. A local lawyer can confirm the correct court and filing requirements.

Frequently Asked Questions

Who can make a will in Bueng Kum, Thailand

Any person of sound mind can make a will. In Thailand, a person who is at least 15 years old can make a will, though special rules can apply when minors dispose of certain types of property. People under 15 cannot make a valid will. If you have any doubts about capacity, ask a lawyer to document capacity and witnessing properly.

What are the valid forms of a will under Thai law

The common forms are a written will signed by the testator and two witnesses, a holograph will entirely handwritten, dated, and signed by the testator, a public will declared to a district registrar with two witnesses, and a secret will deposited with a registrar. Each form has strict rules. Choose the form that fits your needs and have it prepared or reviewed by a lawyer to avoid invalidity.

Do my witnesses need to be Thai citizens

No. Witnesses do not need to be Thai citizens, but they must be competent adults, able to understand the act, and able to appear if the court later asks questions. Witnesses should not be beneficiaries or spouses of beneficiaries. Bring identification documents when signing.

Can I write my will in English

Yes, but Thai authorities will require a certified Thai translation for probate and registrations. Many people use a bilingual Thai English will. For a public or secret will at the district office, Thai is typically used, with an official translator if needed.

What happens if I die without a will

Your estate will be distributed under Thai intestacy rules. Statutory heirs receive shares based on their class and on whether a spouse survives. This can lead to outcomes you did not intend, especially for unmarried partners or stepchildren, who generally do not inherit under intestacy.

How are my spouse and children protected

Your spouse first receives ownership of half of the marital property. The remaining half and your personal property are distributed according to the will or intestacy. Certain close heirs, such as descendants and parents, may have a reserved portion. Proper planning can coordinate these rules to meet your goals.

Can I appoint a guardian for my minor children in my will

Yes. You can nominate a guardian for minor children in your will. The court considers the nomination and will usually appoint the nominated person if it is in the child’s best interests. You can also set up a trust like arrangement within the will by appointing an executor or administrator to manage assets for minors, consistent with Thai law.

How long does probate take in Bueng Kum

For an uncontested matter with a clear will and complete documents, it often takes about 2 to 6 months from filing to appointment of the executor or administrator. If there are disputes, missing heirs, foreign documents that need legalization and translation, or complex assets, it can take longer.

I am a foreigner. Should I make a separate Thai will for assets in Thailand

It is usually advisable. Thai courts and agencies work most efficiently with a Thai or bilingual will that specifically deals with assets located in Thailand. Your foreign will can still be recognized, but you will need certified translations and sometimes legalization, which adds time and cost. Coordinating wills in different countries helps avoid conflicts.

Can a will be challenged

Yes. Common grounds include failure to meet formalities, lack of capacity, undue influence, fraud, or where the will infringes protected shares. Challenges can be prevented or reduced by following formalities exactly, using independent witnesses, obtaining medical evidence of capacity when appropriate, and having a lawyer supervise the process.

Additional Resources

Bueng Kum District Office. The district registrar handles civil registration such as death certificates and can receive public and secret wills. Contact the Civil Registration Section for procedures and required documents.

Courts serving the Bueng Kum area. Probate applications are filed with the court having territorial jurisdiction over Bueng Kum. Local practitioners commonly file at the Min Buri Provincial Court for this area. Confirm the correct venue before filing.

Revenue Department. For questions on inheritance tax and personal income tax on gifts, contact the Revenue Department or consult a qualified tax professional.

Department of Provincial Administration. Provides national guidance on civil registration and registrar services at district offices throughout Bangkok.

Lawyers Council of Thailand and Bangkok based bar associations. These bodies can help you find licensed lawyers experienced in wills, probate, and inheritance matters.

Land Office. For transfer of land or condominium units by inheritance, contact the relevant Bangkok Land Office after the court appoints an administrator to learn about fees and documents required.

Next Steps

Clarify your goals. List your assets and debts in Thailand and elsewhere, decide who should inherit, choose an executor or administrator, and consider guardians for minor children. Think about special instructions for family members who need extra support.

Choose the right will format. Decide between a standard written will, a holograph will, or a public or secret will at the district office. Many residents prefer a lawyer drafted bilingual written will with proper witnesses. If you prefer a public will, make an appointment with the Bueng Kum District Office and bring required identification and witnesses.

Get legal and tax advice. Speak with a local lawyer experienced in Thai succession law to ensure the will is valid, respects reserved portions, and aligns with marital property rules. Ask a tax professional about inheritance tax thresholds and any property transfer fees.

Sign correctly and store safely. Sign with two competent witnesses present at the same time and have them sign as witnesses. Use a qualified translator if needed. Keep the original will in a safe place, tell your executor where it is, and consider depositing it with a trusted law firm or registrar if appropriate.

Coordinate cross border issues. If you have foreign assets or a foreign will, coordinate to avoid conflicts. Ensure each will states that it governs only assets in the relevant country and does not revoke other wills unless intended.

Update when life changes. Review your will after marriage, divorce, birth of children, major purchases, or moving. Update beneficiary designations on bank accounts, life insurance, and pensions to match your plan.

When a death occurs. Register the death at the Bueng Kum District Office to obtain the death certificate. Collect the original will, identification documents, marriage certificate if any, and asset records. Contact a local lawyer to file a probate petition at the correct court, notify heirs, and obtain the court order appointing the executor or administrator. After appointment, the administrator gathers assets, pays lawful debts and taxes, and distributes the estate according to the will or law.

This guide is general information. For advice tailored to your situation in Bueng Kum, consult a qualified Thai lawyer who practices wills and probate.