Disputes concerning inheritance are very common in Thailand. Normally disputes occur between either the children of the deceased or between the children of the deceased and deceased spouse. However, disputes concerning last will and testaments can occur when the decedent is not a parent, and the heirs are not children or descendants. Often disputes occur after a last will has been approved by the Thai Court, but the court-ordered Administrator or executor of the last will does not carry out his duties lawfully. Sometimes, the heirs are distant relatives, such as cousins, of the deceased. Heirs may also be non-relatives, such as friends and non-profit organizations. Grounds for contesting a last will in Thailand. include, but are not limited to the following:

Mental Competence and Capacity: Heirs may have a dispute over whether the person had testamentary capacity (the mental ability) to legally sign a will, t. When someone is of unsound mind, the document may be challenged and set aside through a will contest or trust contest lawsuit. Normally evidence to prove this claim would consist of medical records and doctor’s reports. Non-medical evidence may also be relevant by showing a pattern of irrational behavior or incoherent thought patterns.

Forgery: Heirs may suspect that the document was forged. Forgery normally focuses on the authenticity of the deceased’s signatures and handwriting. Normally, forgery cases are proven by evidence from forensic document examiners and references to official handwriting and signature samples. Undue influence and duress: Undue influence and duress occur when someone is compelled or coerced to prepare or sign a last will. The coercion may involve threats, or even pain or violence. Cases of duress also occur when an aged or invalid person is unable to care for themselves and has a caretaker. The caretaker relatives may be able to impose improper pressure on the aged or valid person because they rely on their caretaker for their daily needs. Nevertheless, undue influence may occur outside of a caretaker-invalid relationship as well. Persons accused of improper influence or duress may be a relative, friend, financial advisor, or health care worker.

Unclear or Mistaken Intent: In many cases, the last will document is unclear and requires interpretation. Often there is more than one interpretation due to drafting error or a change in circumstances. Assets may, for example, be described too vaguely. Or, the language granting estate assets to particular heirs does not include all the assets or is not clear as to the method of distribution. There may be errors caused by translation. There may be logical contradictions in the last will.

Fraud Against Deceased: Falsified statements or documents may have been presented to the deceased that caused them to significantly modify their will or trust to favor the perpetrator of the fraud.

Revocation: Thailand law allows a deceased to revoke his or her will. As a result, revocation can be grounds for contesting a last will. A will or any part thereof can be revoked by executing a subsequent will that revokes the previous will, either in whole or in part, or by being destroyed. Whether a last will document has been damaged by the deceased, to the extent that is was revoked by the deceased, may be a cause for dispute.

Lack of Proper Formalities: Thailand has very strict regulations concerning the proper execution of a last will. A will can be contested because it was not properly drafted, signed, or witnessed by the applicable requirements provided for under Thailand law.

Often disputes occur after a last will has been approved by the Thai Court, but the court-ordered Administrator or executor of the last will does not carry out his duties lawfully

Administrator or Executor Misconduct: Normally, the first step in the administration of an estate is a court order appointing the estate administrator. The estate administrator, when there is a last will and testament is also referred to as the executor of the will. Often, disputes occur after a last will has been approved by the Thai Court, and an administrator has been appointed. Heirs to the estate may have claimed that the administration is not following the instructions in the deceased’s will, or is otherwise acting illegally, or improperly.

Our Experience

Chaninat and Leeds lawyers have decades of experience successfully assisting clients with disputes concerning Last Wills, Estate Administrator Misconduct and document forgery, issues of ambiguous intent in a Last Will, and other inheritance disputes. Our inheritance dispute experience includes international inheritance cases, as well as domestic cases. Our attorneys and staff are bilingual in Thai and English languages and are adept at examining documents according to subtle meanings and compliance with the law. We have vast experience in using expert witnesses, including forgery experts. Since 2001, our team of trial lawyers, investigators, experts, and translators has been successfully assisting clients with effective proactive representation.