Should I write a Will?
David Tan
Question
I am a foreigner who had been running my own business in Thailand. I have
several health problems therefore, I am thinking about who should succeed my
assets if I pass away. Should I write a Will in Thailand? How can I go about
doing this?
Answer
Unless you want your assets to be succeeded by heirs down your
bloodline, you should write and execute a Will. If you died without executing a
Will, then your heir(s) will succeed your assets. As according to your
bloodline, the hierarchy of heirs for succeeding your assets under Thai law are:
(i) Decedents or your children.
(ii) Parents, (iii) Brothers and sisters of full blood, (iv) Brothers and
sisters of half blood, (v) Grandfathers and grandmothers, (vi) Uncles and aunts.
Executing a Will enables your assets to devolve on the people you want. The
easiest and the most convenient way for executing a legally valid Will in
Thailand would be to draft out the Will in writing and you sign the Will before
two witnesses who are present at the same time. The two witnesses shall then
sign their names to certify your signature. These witnesses should also attach
signed certified true copies of their passport (non Thai) or ID Card to the
Will.
The contents of the Will should contain at least the following: (a) Date of
making the Will; (b) Your name, residing address, nationality and passport
number (non-Thai) or Thai ID Card number; (c) List of your asset(s)
in Thailand only, their locations, its identifying details e.g. Title Deed
number, company’s name and its share number etc.; (d) The persons whom the
respective assets will devolve upon; and (e) Appoint an administrator of your
estate i.e. the person who will open up your Will after you passed away and
manage the distribution of your assets as according to your intentions expressed
in the Will. State the name, passport number (non-Thai) or Thai ID Card number,
nationality and residing address of the administrator.
You should have a first choice and a second choice administrator, just in case
the first choice administrator cannot fulfill his/her duties, the second choice
administrator will assume the duties.
The administrator of your estate, as appointed by the Will, has the power and
duty to arrange for your funeral, unless another person has been specifically
appointed by you for this purpose.
Note: David Tan is a Lecturer of Business Law at Asian University and
author of the book “A Primer of Thai Business Law (Second Edition)”,
available online at www.chulabook.com. In Bangkok, the book is available at all
Kinokuniya and Asiabooks bookstores. Any questions on drafting a Will or estate
management should be e-mailed to David at: [email protected]
