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In Chiang Mai, Thailand, will and testament law is part of civil law and falls under Thai inheritance law. When it comes to creating a will, it is essential to understand that foreign residents and Thai citizens are governed by the same rules. Any person who is above the age of 15 and is mentally capable can create a will.
In the event of owning significant assets, complex family situations, or to ensure the security and fulfillment of your last wishes, hiring an experienced lawyer can be beneficial. They can guide you through the complexities of drafting a legally binding will, estate planning, and testamentary trusts. If you plan to leave property to a minor, an experienced lawyer can help set up a trust and appoint a suitable legal guardian.
Testamentary freedom is a key aspect of Thai law, meaning you can choose to leave your estate as you wish. However, statutory shares must be given to the statutory heirs. The distribution of these shares depends on the presence and relationship of your living relatives. If a person dies intestate (without a will), Thai law has specific stipulations for how the estate will be distributed amongst the legal heirs. When it comes to witnesses, Thailand requires at least two people to witness the signing of a will.
Can a foreigner make a will in Thailand? Yes, foreigners are permitted to draft and sign wills in Thailand.
How many witnesses are required in Chiang Mai, Thailand? In Chiang Mai, Thailand, at least two witnesses are required to attest the signing of a will.
Can I leave my assets to anyone through my will? While you have testamentary freedom to allocate your assets to any individuals or organizations, Thai law obligates that statutory shares must be given to statutory heirs.
What happens if I die without a will in Thailand? If you die without a will, known as intestate, your estate is distributed according to the hierarchical order of relationship in Thai law.
Can I change my will? Yes, you can change your will at any time as long as you are mentally competent when the changes are made. It is always advisable to review your will periodically to make sure it remains consistent with your current wishes.
The Lawyers Council of Thailand and the local Law Society of Chiang Mai can provide helpful resources and advice for understanding will and testament law. You can also consult the Civil and Commercial Code of Thailand, specifically the Sections concerning Succession (Sections 1599-1751) for more information.
If you require legal assistance in drafting a will or understanding testament law in Chiang Mai, Thailand, consider hiring a local lawyer specializing in will and testament law. Before you meet, prepare a list of your assets and how you want them distributed. It is also helpful to have a list of any questions you may have, ensuring you understand the process and your decisions thoroughly.
