What is a will?
?A will is a declaration of intention concerning dispositions as to.. [an individual?s] property or other matters which shall take effect according to
law after? [that individual?s] death? section 1646.

How necessary is the will?
Section 1599
?When a person dies, his estate devolves on the heirs.?

Section 1603
?An estate devolves on the heirs by statutory right or will. Heirs who are so entitled by law are called ?statutory heirs.? Heirs who are so entitled by will are called ?legatees?.?

Section 1629
?There are only six classes of statutory heir:
1. Descendants
2. Parents
3. Brothers and sisters of ?full blood?
4. Brothers and sisters of ?half blood?
5. Grandfathers and grandmothers
6. Uncles and aunts
The surviving spouse is also a statutory heir.

As stated above, if a person dies leaving no will, the statutory heirs will inherit the estate of such person. Moreover, as a matter of Thai law, the estate is distributed to the statutory heirs within several classes and degrees of relatives, for example, as follows:

1. If there are descendants of different degrees, only the children of the deceased who are the nearest degree are entitled to receive the inheritance.

The descendants of a lower degree may receive the inheritance only by virtue of the right of representation.

2. Descendants in the same degree are entitled to equal parts.

3. If in one degree there is only one descendant such descendant is entitled to the whole share.

4. If there is a heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children.

5. If there is an heir according to Section 1629 (3) and such surviving heir has representatives, or if in default of an heir according to Section 1629 (1), there is an heir according to Section 1629 (2) as the case may be; such surviving spouse is entitled to one half of the inheritance.

The statutory right of inheritance does not only apply where the deceased person fails to make a will, but also applies where the will is not made in accordance with Thai law.

Imagine the difficulties and potential disputes that may develop among the relatives: the uncertainty, expenses, legal expenses, legal issues, time wasted and the many other unexpected problems that may arise upon the death of an individual with no will, who leaves significant assets and many relatives behind.

Given the above issues, a properly drafted Thai will is an ideal option and one that should be carefully considered.

Is a will drafted by an overseas lawyer enforceable in Thailand?

As stated earlier, if a will is not properly drafted in accordance with Thai law, such a will is considered void and ineffective in Thailand. In addition, if the assets are located in Thailand, a will drafted in accordance with Thai law is even more important.


All sections referred to within this article are contained in the Thai Civil and Commercial Code.

Siam Legal publishes guides to dealing with property in Thailand on its website. www.siam-legal.com