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Home » Reader question » Reader question: Whether or not a will in Thailand?
Reader question: Whether or not a will in Thailand?
Dear readers,
I myself have always been in favor of making a will in Thailand. It was recently pointed out to me that if you are married to a Thai spouse and you want to leave everything you own in Thailand to that spouse, there is no reason at all to make a will.
According to Thai marriage law, the entire property that inherits automatically goes to the surviving partner after the other dies. In that case, making a will would be unnecessary.
Which of the readers on Thailandblog can give an opinion on this? Whether or not a will is necessary if all property must still go to the surviving partner. Or are there circumstances that make it necessary to make a will in that situation?
Thanks in advance for the responses.
Regards,
Erik
But what happens if you both die at the same time? We have always had a will in Thailand. Doesn't have to be expensive.
This is incorrect. Thai inheritance law has no privileged heirs, but 6 statutory heirs, who all have equal rights
http://library.siam-legal.com/thai-law/civil-and-commercial-code-statutory-heirs-section-1629-1631/
Dear Erik,
Very short sighted!
If you have burned all your ships behind you in the Netherlands/Belgium, you can reason like this.
But what if there are still children and grandchildren. Be advised by a good notary in the Netherlands/Belgium and Thailand. For those few cents you will learn a lot and prevent trouble and arguments in the family.
So your wife should make a bilingual will that is in accordance with the civil and criminal code, preferably by a competent lawyer.
Dear Richard,
Simultaneous death is only in case of a plane crash.
In the event of a traffic accident, the Thai will “certainly” be the second to die, so that the family will still make off with your inheritance.
Check your will again.
Succes
Nothing is certain in this world and certainly not in Thailand. A will can be contested and certainly will be contested if a large amount is involved. The Thai legal system is very different from the Dutch legal system. The “attacking” or litigating party selects a court in a remote location and conducts its trial there. The clincher? He/she does not have to inform the other party of the process and since he/she does not appear, the challenger of the will wins. The litigant can even have your assets seized and the request will be granted. You are not at the trial, yes?
Personally experienced with another issue.
I am executor of the estate, recognized and sworn by the civil court, and as such I have handled the entire inheritance. And allow me to doubt that the lawsuit you cited was about an inheritance.
Find and use a reliable lawyer, otherwise you will end up in the boat.