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In Pattaya, Thailand, the laws surrounding Wills and Testament are fairly straightforward. You have the right to direct how your assets are distributed after your death. If you die intestate, i.e., without a will, your assets will be distributed amongst your legal heirs according to Thai Law. For foreign residents, it is highly recommended to have a separate Will in Thailand to cover assets within the country.
Typically, creating a Will involves complex legal jargon, understanding of local laws, and precise wording to avoid ambiguity or misunderstanding. A lawyer can grasp these complexities and guide you in drafting your Will. They can also help you with inheritance disputes, probate matters, and estate planning. You need a lawyer to help you create a legally binding Will, distribute your assets, and guide you on essential matters, such as choosing an executor for your Will.
Under Thai law, both testate and intestate inheritance laws apply depending upon the existence of a Will. Further, the Last Will needs to be made in writing, and must be signed by the testator in the presence of at least two witnesses. If you have a spouse and children, they are first in line for inheritance, followed by parents, and then siblings. If you have a mixed family, i.e., children from a different spouse, the law can get complicated and it's advisable to seek legal help to draft a Will.
1. Can foreigners own land in Thailand?Generally, foreigners are not allowed to own land in Thailand. However, they can hold ownership in a condominium, lease land for 30 years, or own a building on the leased land.
2. What happens to my assets in Thailand if I don’t have a Will?If you die without a Will, Thai Statutory Law will apply to the distribution of your assets. This law ranks your next of kin and will distribute your assets in the order ranked.
3. Can a foreigner draft a Will in Thailand for assets in their home country?A Will drafted in Thailand can cover assets within Thailand only. It is typically advisable to have a separate Will in your home country for the assets located there.
4. Can a Will be handwritten?Yes, a Will can be handwritten but must be signed by the testator and at least two witnesses as per Article 1656 of the Civil and Commercial Code of Thailand.
5. What are the primary contents of a Will?A Will primarily contains the distribution of your assets, assigns an executor, and may also include guardianship choices for minor children.
You may reach out to the Thai Law Society and the Pattaya City Hall to better understand the legal procedure and get any potential legal assistance. The local government's website also provides comprehensive information on various Thai laws.
If you need legal assistance in drafting your Will or handling other testament issues, the first step is to find a lawyer who specializes in Thai Wills and Testament Law. Visit a law firm to discuss your assets and how you want them distributed. Allow your lawyer to guide you through the legal requirements to ensure your Will is legal and valid under Thai law.
