Background

Preparing a well-constructed Last Will and Testament is fundamentally important for estate planning and ensuring the distribution of assets to heirs as intended.

In general, Thailand estate law is somewhat similar to Western Common Law nations' probate laws, but has some important differences. An important practical difference is that in Thailand, Land Departments and Banks will normally require a formal court order from a Thai Court to transfer assets of a deceased to the estate (even if there is a written will.)

For a Last Will and Testament to be valid in pThailand, the documents will normally need to conform to Thai law. Probate judgments from foreign courts are not directly enforceable in Thailand. Therefore, to enforce a foreign probate order in Thailand will normally require filing a court petition in Thai courts. Without a valid Last Will and Testament a deceased's estate may be subject to the Thai law of intestate succession ("intestate" refers to deceased persons who did not leave a valid Will.)

Last Wills and Testaments allow clients to structure the distribution of their assets and estates according to their own wishes, rather than leaving the selection of heirs and manner of distribution up to the Thai law regarding intestate succession (inheritance without a valid Will.) If a Will is valid in a foreign country or under foreign laws and lists assets or property in Thailand, the Will may nevertheless be invalid in Thailand courts if it does not conform to the Thai law requirements.

Our Experience

Chaninat and Leeds' family attorneys have been assisting Thai and foreign individuals draft Last Will and Testaments pursuant to Thai law for decades. We handle simple Wills as well as more complicated estate issues such as transnational estates, minor and disabled heirs, and conditional testamentary grants.

In addition to our services for planning and drafting Last Will and Testaments, we also have a full team of experienced trial lawyers for Thailand probate litigation.

Since estate and inheritance litigation is one of our specialties, we are able to use our knowledge and experience resolving court disputes between heirs and apply it to drafting Wills that are more likely to withstand legal challenges.

Resources:

• U.S citizens can also refer to the U.S Embassy Page on Death of a U.S. Citizen in Thailand
• U.K citizens can refer to U.K Embassy Page on Death of a U.K citizen in Thailand
• For more information please visit Thailand Probate Lawyer