How to write last will in Thailand?
Many things in life are unpredictable, but there are so many things that we can also prepare for. All the assets that you have earned by working extremely hard, what happens to those things after you are dead? Many people commonly lose sight of the importance of manipulating property while they were still alive. Testament helps people to manage and divide property that they desire correctly and legitimately.
Last will or testament is the legal document that declares the last intended of the testator to provide an allowance for mortality on the property or the various acts of the testator to take into account the law after the testator is death by doing one of the required laws (Section 1655-1672, Civil and Commercial Code). According to the law, the testator must be fifteen years old of age and witnesses have to become legal of age. last will in Thailand consists of five forms.
Last will in writing is the most common wills in Thailand. The testator has to write or type testament in the book form by dated at the time of making and sign the signature or fingerprint in front of witnesses at least 2 people (Section 1656, Civil and Commercial Code).
Last wills is one part of juridical act, which have declaration of intention by only one party to create. Last wills have legal effect after testator died. And testator create last wills before dead. Writing good wills testator and witness must have all the qualifications required by law. And in Thailand there are five types of wills such as Ordinary wills, Holographic wills, will by public document , Secret documentary wills, and Oral wills. Last wills is an important juridical act. Because it is proof of legitimate inheritance after testator died and if malformed this last will be void and not available immediately.
Last wills or in Thai call Pi Nai Gum. Last wills is the legal document that testator determine intention before death about assets or other valuable of testator. For example Luang Pho Khun priest created last wills to donate his body to the Faculty of Medicine, Khon Kaen University for education. Property of testator is testator must be fifteen years of age and must not consider as the person ordered by the court to be a incompetent person. In Thailand according to the law when you died, your assets will pass on to statutory heirs. By the levels of statutory heirs have 6 levels as follows: First a descendant, second is your parent, full brothers and sisters, half-brothers or sisters, grandparents and lastly uncles, aunts. But you don’t have to make a will for your family only, you can also make wills to hospital, public and government. In Thailand there are five categories to write last wills.
The last will can also be made by Holographic testament or Olographic testament. The testator must use their handwriting, typing is invalid and witness is optional. Testament has to be dated at the time of making and sign the signature, fingerprint or symbol are not allowed (Section 1657, Civil and Commercial Code).
Public document at the local district (in Thai: Amphur) is the place that we can make wills. The testator must declare his wishes in front of the public officer with two witnesses then request the petition and waiting for proceeding. The public officer must read again the wills to make sure that 2 sides understand exactly (Section 1658, Civil and Commercial Code).
At the same local district, we can also do a secret document. In the case of the testator who desires to keep it secret, he must declare his wishes in front of the public officer with two witnesses same as Public document as well as testator and two witnesses have to sign the closed document and the official will seal the closed last will and testament (Section 1660, Civil and Commercial Code).
The last will can also be made by Nuncupative Testament or Oral testament. This type of wills only uses in the special case by the reason of in danger, near death, epidemic, or war. The wills will expire within one month after the testator came back and make other will form. The testator must declare the wishes in front of at least two witnesses that stay at the same place. The witness must inform the wills message and cause of doing Nuncupative Testament to a public officer (Section 1663, Civil and Commercial Code).
In the case of people who did not make the testament, all the heritage will go through the Statutory Heir (Section 1629, Civil and Commercial Code) under the proportion required by law respectively.
In conclusion, last will is a must document that every person should do before we disappeared from this world. Last will has many benefits for both man alive and the dead. Especially, people who have immensely property, last will would prevent controversy between relatives and family and forward the correct intent of the testator as well.
Different types of will
A will is a document that we will use to identify who want to give property to someone after died. Although there is a framework that must be done according to the law, writing a will is not a difficult matter and does not have to wait until nearing death because at that time it may be too late. In Thailand, people can start writing their will by having to be 15 years old and the court does not order to be an incomplete person. There are five types of last wills and each type has different characteristics, which can be made according to any design.
First, an ordinary will (Section 1656) the author must make a book, which can be written or printed and must be dated while writing. Doers must sign at least two witnesses at the same time by either signing or fingerprint. At least if the doer suddenly dies, someone will acknowledge that he or she has already made wills.
Second, a will be written in the whole version (Section 1657) suitable for ordering things that are not complicated. The author will choose the heir or the person who passed the argument that should inherit. You can write anywhere, anytime, depending on your satisfaction. There is no need for anyone to join us to witness and sign. But the disadvantage is that with one's own thoughts and self-keeping alone, if there is no notification kept with anyone, if the doer suddenly died, there is a high probability that no one may know that there has been will.
Third, a documentary will of the city department (Section 1658) those with power in wills must be the sheriff only, because city documents are documents that have been authenticated by district officials, which have the highest weight in wills. You must prepare documents and at least two witnesses to meet with the staff at the administrative department of the district office. When completed, the wills be kept and property documents in the safe of the district and make a copy with the will to you.
Fourth, a secret documentary will (Section 1660) you have to be made in writing, can be written or printed by yourself, or may be made by others. Bring that will be shown in the presence of at least two other state officials and witnesses and testify to all those persons that it is his will, if the will is not always made by the will of the writer, and the name and domicile of the author must be notified.
Fifth, a verbal will (Section 1663) use only in the event that a special event cannot be made according to other forms such as being in danger, near death, an epidemic or war. The will expires within 1 month from the maker. You must declare his will in the presence of at least 2 witnesses present at the same time. The witnesses must present themselves in the presence of state officials promptly and verbally notify the testator and state the date, place of will and the special circumstances. That State official must write down the information provided by the witnesses and both of them must sign their names or print fingerprints.
Tips: be careful about the will and testamentary will and the way that others will write because the witnesses and the person who writes the will will have no right of inheritance. Do not let them write the last will!