Wills and Estate Planning

How Do You Make a Will That Is Legally Valid?

A will must be made in the form prescribed by law to be valid — a will made in the wrong form risks being void, and the problem often only comes to light after the testator has already passed away, when it can no longer be corrected.

An attorney helps ensure the correct form from the outset — the wording, the signing, and the witnesses.The testator must be at least 15 years of age, of sound mind, and must express their intention voluntarily, without being threatened or deceived.

What Forms of Will Are There?

The law prescribes several forms of will. The most commonly used are the ordinary form (signed in the presence of witnesses) and the holograph form (written entirely by hand), each with different requirements for validity.There are also the public document form, the secret document form, and the oral form — 5 forms in total under the Civil and Commercial Code — each with different requirements regarding witnesses and procedure.

Read the details of all 5 forms of will, with the precautions for each, in the article The 5 Types of Wills Under Thai Law: Which One Should You Choose

What Is a Living Will (Section 12 Advance Directive)?

A declaration of intent to refuse healthcare services that would only prolong the dying process in the final stage of life is a right under Section 12 of the National Health Act — this document helps the family and physicians know the individual's wishes in advance.

Read the full explanation by the office's attorney in the article What Is a Living Will — Making the Decision in Advance, in Case a Day Comes When You Can No Longer Communicate Your Wishes

How Do You Have an Estate Administrator Appointed?

Appointing an estate administrator requires filing a petition with the court for the court to issue an order of appointment. The office handles filing petitions for the appointment of an estate administrator with the court, which is part of the office's litigation services.For advice on the specifics of your case regarding the appointment of an estate administrator, call 061-651-6255.

Can You Prepare a Will Off-Site, at Home or in a Hospital?

Yes — the office offers off-site service for preparing wills and living wills at your home or a hospital, for those unable to travel to the office.

Making a will requires attention to the testator's soundness of mind and correct compliance with the legal requirements for witnesses. Having an attorney oversee the process on-site helps ensure the document is valid from the day it is signed.

Why Should You Make a Will With an Attorney?

Because a will made in the wrong form risks the entire document being void, and the testator has no opportunity to correct it once the problem comes to light. This area of work is handled by the office's team of attorneys who work on estate and will matters —Nacha Dasak(family, estate, and will cases) andKasidis Udomphap(reviewing and drafting legal documents, including wills, for over 15 years)

Frequently Asked Questions

How Many Types of Wills Are There Under Thai Law?

Thai law prescribes 5 forms of will: the ordinary form, the holographic form (written entirely in the testator's own hand), the public document form, the secret document form, and the oral form. Each form has different requirements regarding witnesses and procedure. The oral form may only be used where special circumstances make it impossible to make a will in another form — it is not a general option. Choosing the appropriate form should take into account the testator's physical condition, privacy, and the complexity of their assets.

If You Do Not Make a Will, Who Will Inherit Your Estate?

If you do not make a will, or make one that is not enforceable, your estate will pass to your "statutory heirs" in the order prescribed by the Civil and Commercial Code, which may not always match the true intentions of the estate owner — particularly where important people in their life are not counted as statutory heirs under the law, such as an unmarried life partner. If you wish to pass property to such people, a valid will specifying this is generally required.

What Is a Living Will, and How Does It Differ From an Ordinary Will?

A living will, or "declaration of intent to refuse healthcare services," is a document under Section 12 of the National Health Act concerning wishes about medical care while the person who made it is still alive — for example, refusing treatment that would only prolong the dying process in the final stage of life, allowing a natural death and an end to severe suffering caused by illness. This is different from a will concerning an estate, which relates to the management of property and only takes effect upon the testator's death. The two documents are separate matters and should be prepared as separate documents, but they can be prepared together.

Who Is an Estate Administrator, and Why Is One Needed?

An estate administrator is a person responsible for collecting the estate's assets, paying its debts, and distributing the estate in accordance with the will or the law. The estate owner can name a trusted estate administrator in their will in advance. In practice, however, managing certain types of assets — such as transferring land or withdrawing money from a bank account — generally requires a court order appointing an estate administrator first, so a petition usually needs to be filed with the court to obtain such an order.

What Services Does the Office Provide for Wills and Estate Planning?

The office provides advice and assistance with preparing a will in the form prescribed by law, preparing a living will (advance directive), and filing a petition with the court for the appointment of an estate administrator, with home and hospital visit service available for those unable to travel to the office, handled by the office's attorneys who work on estate and will matters.

For more information, see the articles The 5 Types of Wills Under Thai Law: Which One Should You Choose, An 8-Point Estate Planning Checklist: Get Started Before It's Too Late and What Is a Living Will — Making the Decision in Advance, in Case a Day Comes When You Can No Longer Communicate Your Wishes