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Succession Law

Succession is a way of acquisition whereby a person’s assets, including their rights and duties, are passed onto his or her heirs, devisees, or legatees following their death. In Thailand, there are two types of succession: testate and intestate. 

For the first type; testate succession, occurs when the deceased (testator) has a valid will specifying how his or her assets should be distributed after his or her death, subject to certain legal conditions.
The testator’s assets and his intentions for their distribution are also regarded to be described or recorded into their will. 

The many types of wills that may be drafted in Thailand where they must comply with the form prescribed by the Civil and Commercial Code of Thailand. You can establish a will using one of the following formats:

  1. A will shall be prepared in writing, dated at the time of the will’s creation, and signed by the testator in the presence of two or more witnesses who must sign their names right away to attest to the signature of the testator.
  2. A holographic will can be made, meaning the testator must write it in his own hand and sign his name, date, and signature.
  3. A will can be made as a public document, which requires the testator to announce his intentions to the district office in front of at least two additional witnesses who are also present. In the presence of the witnesses, it will then be read to the testator before being signed by them. The statement must be written down by the district officer, who must also date it and sign it before certifying it with his hand and seal.
  4. A secret document with the testator’s written instructions, along with his signature, date, and seal, may also be used to create a will. The sealed document must be presented in front of the district office and at least two other witnesses, who must all be informed that it contains the testator’s testamentary directives.
  5. When making a will in the other prescribed forms is impossible due to extraordinary circumstances like imminent death danger, an epidemic, or war, a person may also make a will orally.

Thai law permits foreigners to make their own wills to prepare for their passing to direct how their property is divided in Thailand. These assets can be either actual or personal, such as houses, cars, jewelry, personal belongings, bank accounts, and condominiums. A will should always be drafted whenever an
ex-pat owns a sizable amount of assets in Thailand for legal purposes.

Alpha Legal provides drafting of a will to serve and meet your demands and to better safeguard your interests even after death. Contact us today for a free consultation!

Intestate succession is where a person dies without a will. Thailand law provides for intestate succession, allowing heirs to inherit property in accordance with Section 1629 of the Thai Civil and Commercial Code.

Statutory Right of Inheritance

Statutory Heirs are divided into only six categories according to Section 1629 of the Civil and Commercial Code. These are the classes of heirs that has legal rights to inherit the estate of the deceased:

  1. Descendants (issues)
  2. Parents 
  3. Brothers and sisters of full blood 
  4. Brothers and sisters of half blood 
  5. Grandfathers and grandmothers 
  6. Uncles and aunts

Half of the estate, referred to as Marital Property, shall be the property of the spouse, if any, before any distribution of the estate to the heirs according to the ranking of the class to varying proportions.

Please feel free to contact us, if you need more information or have any further questions.