If you would like to make a will in Thailand, you need to follow Thai law. There are only 5 choices for you to make a will in Thailand such as holographic will, ordinary will, a will in a form of public document, secret will or oral will.
First, a holographic will, you must write with your own hand the whole text in a will with your signature. The date must be specified in this will as well. If you would like to amend this will, you need to do it by your own hand and sign. You do not need to have a witness for this type of will.
Second, ordinary will must be made in handwriting or typing in paper with your signature. The date must be specified in this will. In this type of will, you need 2 witnesses to sign in the will.
Third, a will in a form of public document, you have to go to a district office and inform an officer with your 2 witnesses about a substance which you would like to be included in your will. After that, the officer will note down the will and read it to you and the witnesses. Then you and your witnesses will sign it. Afterwards, the officer will date, sign and seal for the will. This type of will can be made outside a district office if you have a request.
Fourth, secret will, you can make this type of will in handwriting or typing with your signature then close up the document and sign your name across the place of closure. After that bring the closed document to a district office with your 2 witnesses. If you do not write or type your will by yourself, you need to inform the name and domicile of the writer to the officer in a district office.
Fifth, oral will, you can make this type of will only if you cannot make the first to fourth types of will because of imminent danger of death, war etc. You must inform 2 witnesses simultaneously about the statement to be your will. The witnesses must go to inform your statement with the date and place where you declared the statement and inform what the exceptional circumstances occurs to a district office urgently. After that, the officer of a district office will note down the statement and the witnesses sign it. 1 month after making the will at a district office, if there is no more exceptional circumstance and you can make other types of will. You need to make another type of will because the oral will will be unenforceable.
You need to choose 1 type of will to make and follow the rule strictly. You have no other way to make a will in Thailand except for 5 types of will. You cannot create your own way to make a will such as a will by recording VIDEO or make a will via facebook which are unenforceable.
For 5 types of will, you have to beware about the witness and writer in the will. If the witness or the writer of your will are the same person whom you specify in the will to receive your heritage. He/she will receive nothing because Thai law prohibits the witness and the writer of a will including witness or writer ‘s wife/husband to receive the heritage in the will because of the conflict of interest.
Kitthi Naganidhi
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