About Will & Testament Law in Nonthaburi, Thailand
Will & Testament laws in Nonthaburi, Thailand are guided by the Thai Civil and Commercial Code (CCC). The law allows any person 15 years or older to make a will. The CCC primarily dictates the procedures of writing a will and details the testamentary capacity. However, the provisions can be complex, and the slightest mistake can void your will.
Why You May Need a Lawyer
Legal assistance is beneficial when dealing with Will & Testament to prevent potential pitfalls. Engaging a lawyer becomes crucial in situations where the will could be contested, there's overseas property involved, or when there's a significant amount of assets. Moreover, a lawyer can counsel executors and beneficiaries about their legal responsibilities and rights, respectively.
Local Laws Overview
According to the Thai CCC, a legal will can be created in multiple ways: handwritten will (holographic), public will, secret will, or an oral will. The execution process varies for each type. For instance, a public will must have at least two witnesses. Also, if a foreigner dies in Thailand, Thai intestate laws will apply if there's no valid will in place. Furthermore, legal spouse and children are protected heirs under Thai inheritance law, they'll receive their statutory share regardless of the will.
Frequently Asked Questions
1. Can a foreigner own property in Thailand?
While foreigners cannot own land in Thailand, they can own buildings, condominium units, and hold long-term lease agreements.
2. What happens if I die without a will in Thailand?
The Thai CCC has provisions for intestate succession, and property is divided amongst statutory heirs.
3. Can I disinherit my legal heirs?
Thai inheritance laws restrict disinheriting legal heirs completely. There are quota laws to maintain.
4. Can I make changes to my will?
Yes, you can change your will anytime as long as you’re mentally competent.
5. Do I need a lawyer to draft my will?
It's not mandatory, but hiring a lawyer ensures it's done correctly and stands in court.
Additional Resources
Contact The Lawyers Council of Thailand and Nonthaburi law firms specializing in probate law for legal assistance. The Ministry of Justice and the Legal Execution Department are also good resources.
Next Steps
If you need legal assistance, contact a local lawyer specializing in Will & Testament. They will provide essential guidance tailored to your situation. If you don't have an attorney, The Lawyer's Council of Thailand can aid in finding one. After hiring a lawyer, gather all necessary documents and information, such as asset details, data about possible inheritors, and specific wishes about asset distribution.
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