Types of Will under Thai Law

Under Thai law, there are 5 types of will as following:

1. Will made in writing:

This type of will must be made in writing together with date at the time of the making the will. The testator needs to sign the will before at least 2 witnesses present at the same time certifying the signature of the testator.

2. Will made by holograph document:

The testator shall write will by his/ her own holograph the whole text of the document, together with the date and signature. There is no need for witness for this type of will.

3. Will made by a public document:

In principle, the testator must declare to the District Office, before at least 2 other persons as witnesses present at the time making the document. The District’s officer shall write down such declaration of the testator and read it to the letter and to the witnesses. Once the testator ascertains that the statement written is accurate, the testator and the witnesses shall sign their names. The will shall be kept at the District Office.

4. Will made by a secret document:

Once the will is written, the testator must sign his/ her name on the document. Then the testator shall seal the document and sign his/ her name across the place of closure. The testator produces the secret will to the District Office before the District’s officer and at least 2 other persons as witnesses and declare to all of them that it cont6ains his testamentary dispositions; and if the testator has not written with his own hand the whole text of the will, he must state the name and domicile of the writer. The District’s officer shall record and then the District’s officer, witnesses and the testator to sign his/ her name thereon.

5. Will made by verbal:

Under exceptional circumstances such as imminent danger of death or during and epidemic or war, the testator may make the will by verbal. The testator must declare his intention regarding the dispositions of the will before at least 2 witnesses present at the same time. Such witnesses must without delay appear before the District Office and state before him the dispositions which the testator has declared to them verbally, as well as the date, place and the exceptional circumstances under which the will was made. The District’s officer shall record and such witnesses shall sign the statement.

Pls be noted that if there are several wills, the latest will shall prevail and supersede the previous will. The popular type of will under Thai law shall be the will made in writing. Below herewith shall be simple sample Thai will for your use. However, the will shall be more complicated more than as attached depend upon the intention of the testator.

You can download sample Will at www.thaisummitlaw.com/wp-content/uploads/2013/07/Sample-Will.doc

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