Writing A Will In Thailand

Benjamin Franklin once famously said that “In this world, nothing is certain except death and taxes”, and no matter how certain death may be for us all, some people never get around to making a solid plan for it and the taxes that come with it, and this certainly rings true when it comes to writing a Will in Thailand.

People that appear to be healthy and fit can in the blink of an eye find that things go wrong with their health. After this there is no time for regret and unfortunately that is left to their families.

While no one wants to deal with the thought of mortality, writing a Will in Thailand and planning properly for our eventual passing is important for us all. It doesn’t matter where you live or where all of your assets are held, making a Last Will and Testament is important for us all.

Living in Thailand does not make us exempt from that and if you have assets here, having a Will is an important step to having complete peace of mind, and it’s fortunately relatively quick and easy to do.

Taking this step to plan ahead will ensure that your loved ones will be taken care of and it will make the settlement for your estate a much smoother process for everyone concerned.

Do I Need To Prepare A Will In Thailand?

If you have a significantly valuable asset in Thailand, such as Real Estate, you should almost certainly make sure that you have a Last Will and Testament in place. Using a Thai Lawyer is highly recommended when it comes to writing a Will. It’s a quick and easy thing to do and the right Lawyer will be able to assist you in doing it properly.

Upon receiving your completed Will, get as many copies of the Will as you think you will need. For example, give one to each family member that you have named as a Beneficiary. Make sure that your Lawyer also keeps copies and have one for yourself and also one to a close and trusted friend.

If I Don’t Have A Will In Thailand, What Happens To My Assets?

There are no forced heirship laws in Thailand. Forced heirship by law means that the assets that are left behind must be divided up between descendants and spouses. Countries that practise forced heirship include Italy, Spain, France and Portugal. Even eastern countries such as Japan and certain Arabic countries handle their estates this way.

Like many other nations though, Thailand adhere to the Rules Of Intestacy. That means that if you die intestate (without a Will) your assets by default will be shared out divided between your statutory heirs.

The assets will be distributed accordingly to the different classes of statutory heirs with descendants and spouses usually being the first in line. Even if you happen to be married to a Thai national, the estate settlement without a Will, will inevitably turn into a drawn out and lengthy process. This applies to being Legally Married and not a Common Law Marriage.

If you and your significant other are not married they will have no legal claim to the assets should you pass without a Will, even if you’ve shared your life and assets with them for many years.

What If I Have No Children And No Will?

So what happens if you pass away in Thailand without a Will and what will happen to your assets. The short answer is that your family will be left in an even more perplexing and distressing situation.

Firstly they may have to fly to Thailand, which could be thousands of miles away. Then once they have arrived, they will need to have documentation to prove who they say they are. Then they will need to go through the complicated and long-winded process of the estate settlement. For this process a Thai Lawyer is a must.

The simple fact is, this could take years to resolve and with the Lawyers work being complicated and in-depth, the additional fees could rack up quite quickly. Depending on how long the entire process takes, a big chunk of the estate may end up in the Lawyer’s pocket, something you will want to avoid wherever possible.

There is also a chance that the Thailand authorities will not recognise your family member as a legal beneficiary, meaning that they receive nothing.

Will A Will Prepared In My Home Country Count In Thailand?

Making a Will in your home country that includes your assets in Thailand doesn’t make sense. Technically the Will should still be accepted, it will just make the process much longer as you have navigate Thailand’s required probate procedures. The whole process will obviously have to go through the Thai courts.

This of course will present new challenges. As it’s highly unlikely that your native country is a Thai speaking country, the Will will firstly need to be translated from your native language to Thai language before the process can even begin. The complete translations will then need to be notarised and authorised by Thailand’s Ministry Of Foreign Affairs.

It’s simply not worth the time to file a foreign Will unless it’s a last resort or there are unique circumstances. For example – In the absence of having a local Thai Will made out and there being no other statutory heirs existing in Thailand, it may be your only options.

Should My Thai Spouse Also Write A Will

The right lawyer will correctly advise your Thai spouse to also make a Will as without a Will, the family or dependents of your Thai spouse may try to stake their claim on your shared assets if your partner passes away. This can make things incredibly difficult for the surviving spouse.

In the worst case scenario, a Foreign spouse will have no legal ownership of any of the major shared assets and could potentially lose everything, with all the assets being claimed by the family of the deceased. This will obviously include everything that the deceased spouse has in their name (property!).

What Are Thailand’s Inheritance And Estate Taxes?

In Thailand there are no Inheritance taxes or Estate taxes.

What Happens If I Inherit Property In Thailand?

Foreigners that inherit property in Thailand will have a few things to consider. Firstly, if the property is a Villa, Bungalow, Townhouse or just Land, it will be consider Landed Property. This means that while you will be able to inherit it, you will not be able to own the title deed in your own name. The property or land itself must then be disposed of, to a Thai National. This must occur within a reasonable amount of time (usually no more than 180 days).

If the property that you have inherited is a Condominium, the Thailand Laws of Inheritance are much more favourable. When a Foreigner inherits a condo you are required by law to inform the Land Office with 60 days. During this time you will need to present the Land Office with a number of items:

– A Copy Of The Last Will And Testament
– The Death Certificate Of The Former Owner
– A Court Order Confirming The Appointment Of The Estate Administrator

When it comes to writing a Will in Thailand, it’s still possible that after providing all of the above, you will also be asked to provide a copy of your Family Tree and any other documents that may help support your claim to the inheritance. There will be some additional fees involved in this process, which seems to be the norm when dealing with anything official, and because the title deed of the property will still need to be transferred into your name.

Please be aware though that while Thailand Law will allow you to inherit a condominium, there are two separate pieces of legislation that address inheritance. We wouldn’t need to bring this point up if both pieces of legislation worked in harmony together, but they don’t, and you’ll find that Thailand Lawyers find it difficult to agree which one carries the most weight.

The Condominium Act states that there are specific criteria that need to be met for Foreigners that wish to inherit a Condominium in Phuket, otherwise they will be forced to sell the condo unit typically within a period of no more than 1 year from the passing of the previous owner.

The Thai Civil and Commercial Code (The CCC) appears to imply that anyone inheriting a property in Thailand also inherits the rights to own said property. This is actually the formal legal opinion of Thailand’s Land Department.

The deciding factor on whether you get to keep your condo can be as simple as which Judge oversees your case on the day.

Do I Always Need To Use A Lawyer?

If you feel that you have correctly completed the legal steps and the Will is air tight, then no, you don’t really need a Lawyer. We do like to stress that when it comes to matters of extreme importance, it’s a smart move to employ a good Lawyer.

As a Foreigner, you should never feel that you are unable to get legal help in Thailand. There are a number of services provided by the government in Thailand and making a legally binding Will is one of them.

Just because you are a foreigner, it does not mean that you can’t get legal help in Thailand. There are many services provided by the state in Thailand, and making a Will is one of them.

The local Amphoe can help prepare a Will for your Thai assets and it will help if you are familiar with Thai legal procedures to an extent. Please be aware though, you will only be able to create your Will with the local Amphoe if you are fluent in both written Thai and Thai language.

If you decide to go down this route, you will need to have witnesses with you to oversee the Will, and during the process you should also nominate an executor for the Will. Preparing a will without having an executor appointed means that it will be the Public Prosecutor’s duty to nominate and file an executor on your behalf.

Inheritance And Will Summary

Thousands of Foreigners choose to invest in Thailand property each year and many of them do not give making a Will a second thought.

Prepared a Will is a relatively inexpensive thing to do with the cost only being around a few thousand Baht, so making a Will really is a no brainer.

Just taking an hour of your time at a very small cost can save thousands of hours of time and stress, not to mention a great deal of money, for your loved ones when the time comes.

For more information about inheriting in Thailand, read this blog.