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Thailand Last Will and Testament
For those settled in Thailand the issue estate planning often arises. Thailand does not have trusts such as those found in common law countries. However, Thai wills are a common testamentary instrument in Thailand. Many people choose to have a Thai will drafted in order to ensure their loved ones receive their inheritance on appropriate terms. Most people, in Thailand or elsewhere, do not like to think about estate planning. However, it can be highly beneficial for foreigners in Thailand to execute a properly drafted Thai will because probate proceeding in Thailand can delay distributing estate assets to loved ones.
Intestate Succession in Thailand
Intestate Succession in Thailand is a probate procedure that occurs when a person dies in Thailand without a will. Probate is the Thai legal procedure of distributing the assets of the Thai estate to the various heirs under Thai law. In Thailand, the inheritors in a probate proceeding have different levels of rights depending upon their relation to the deceased.
There are six classifications of intestate heirs under Thai law. They are, listed in order of Thai inheritance priority: offspring (children, grandchildren, etc.), father and mother; full blooded siblings, half blooded sibling, grandparents; and siblings of parents.
Is Probate a necessity in Thailand?
Thai courts will seek to find the most equitable balance of interests between what it deems the deceased would have wanted and what is necessary for the beneficiaries in Thailand. Some people do not like the idea of a Thai court deciding how their estate should be allocated. In a situation where one wishes to choose how their Thai estate will be allocated a Thai will can be of tremendous value.
A competent Lawyer should draft a Thai will
Thai Wills can be complex legal instruments from a drafting perspective. The Thai will should be drafted by someone with a strong grasp of Thai legal precepts. The drafter of a will in Thailand should also keep in mind how a Thai judge will view the document during a probate proceeding in Thailand. For these reasons Integrity Legal advises anyone looking into drafting a will in Thailand to be sure the Thai will is drafted by a competent legal professional who is familiar with Thai probate law. Contact Integrity Legal today for more information about Wills and Estates in Thailand
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