Are Thai wills invalidated by marriage?

[Foxx]

In some countries any existing will is automatically cancelled when one gets married.  That's certainly the case in the UK.  Is it the same in Thailand? And if so, does one then need to wait until after the wedding day before signing a new will?

 

Thanks.

[JimHuaHin]

Sorry, I cannot answer your question, but I have a comment and a related question.

 

Comment - in some countries, such as Australia, a marriage or a divorce invalidates any existing will in that country.

 

Question - if I married in Thailand, would that automatically invalidate my Australian will?

[hotandsticky]

20 hours ago, Foxx said:

In some countries any existing will is automatically cancelled when one gets married.  That's certainly the case in the UK.  Is it the same in Thailand? And if so, does one then need to wait until after the wedding day before signing a new will?

 

Thanks.

 

 

 -

Edited July 12 by hotandsticky

[Foxx]

8 minutes ago, JimHuaHin said:

Sorry, I cannot answer your question, but I have a comment and a related question.

 

Comment - in some countries, such as Australia, a marriage or a divorce invalidates any existing will in that country.

 

Question - if I married in Thailand, would that automatically invalidate my Australian will?

 

If the marriage is recognised under Australian law, the rules about will revocation due to marriage would apply.

[hotandsticky]

6 minutes ago, JimHuaHin said:

 

 

Question - if I married in Thailand, would that automatically invalidate my Australian will?

 

 

 If that is the law in Austria (where the Will was written and the assets are based) then you will need a new Will.

[Andyfez]

I'm interested in Thai law also.

Does anyone have a relevant answer please?

[oldestswinger]

Under Thai law a will is not revoked by marriage. It is obvious that you should, however, review your situation.

[CMBob]

Although in a few countries marriage will invalidate a Will executed before the marriage, that's not the usual case; however, there may be a statute in a country (such as within many states in the US) that provide rights to a widow/widower regardless of what a Will states (regardless if Will was executed before or after the marriage).  For example, a widow by statute may be given the option to choose one of several options:  abiding by a Will, electing to take a  percentage (typically half) of the probate estate regardless of what the Will states, or exercising other rights (such as dower). 

 

As the above poster wisely said, any major change of life (such as marriage, death of testate/intestate heirs, etc.) is a sure signal you need to review your estate plans.

[advancebooking]

One issue that is set in stone here in Thailand is that after signing that marriage contract at the district office and getting that certificate, ANY assets purchased together are considered marital assets. In the event of a divorce assets can be sold and divided 50% each. No questions. This is the law. Assets acquired before marriage are yours. 

[Wrwest]

Hmm, is the existing Will invalidated in its entirety or does the marriage inheritance rights take precedent in the countries cited before any other stated wishes in the Will?

[khunPer]

Thai law states that pre marriage property is separate property, while any any gain or income during the marriage is common property, except inheritance received during the marriage. Common property will be divided 50/50 upon divorce.

 

I've never seen mentioned that a last will, will be invalid upon marriage in Thailand; however, other rules might apply for other countries. In my Scandinavian home country for example, children and wife will always be eligible for 25% compulsory inheritance of an estate – shared between them if there are both child/children and spouse – no matter what a last will says.

 

An estate will be handled by the country of primary residence and follow that rules, but some items, like real estate will follow the rules in the country where the property is located.

[GreasyFingers]

9 hours ago, JimHuaHin said:

Comment - in some countries, such as Australia, a marriage or a divorce invalidates any existing will in that country.

Where did you get that from. So a person who marries or divorces will die "in testate" if they do not do a new will. Maybe check your source.

[Foxx]

1 minute ago, GreasyFingers said:

Where did you get that from. So a person who marries or divorces will die "in testate" if they do not do a new will. Maybe check your source.

You really shouldn't question others if you don't have a clue what you're pontificating about.

https://www.google.com/search?q=uk+marriage+invalidates+will&oq=uk+marriage+invalidates+will&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRifBTIHCAMQIRifBdIBCDQ0MTlqMGozqAIAsAIA&sourceid=chrome&ie=UTF-8#:~:text=Marriage automatically revokes a will that has been made previously%2C leaving it invalid.

https://www.buckles-law.co.uk/blog/will-disputes/does-a-new-marriage-render-a-will-invalid/#:~:text=Any legally binding Will you previously drafted in England and Wales is immediately nullified when you are married

https://www.netlawman.co.uk/ia/will-effect-marriage-divorce#:~:text=When you marry%2C any existing will is automatically revoked (cancelled) and becomes no longer valid.

[GreasyFingers]

4 minutes ago, Foxx said:

You really shouldn't question others if you don't have a clue what you're pontificating about.

https://www.google.com/search?q=uk+marriage+invalidates+will&oq=uk+marriage+invalidates+will&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRifBTIHCAMQIRifBdIBCDQ0MTlqMGozqAIAsAIA&sourceid=chrome&ie=UTF-8#:~:text=Marriage automatically revokes a will that has been made previously%2C leaving it invalid.

https://www.buckles-law.co.uk/blog/will-disputes/does-a-new-marriage-render-a-will-invalid/#:~:text=Any legally binding Will you previously drafted in England and Wales is immediately nullified when you are married

https://www.netlawman.co.uk/ia/will-effect-marriage-divorce#:~:text=When you marry%2C any existing will is automatically revoked (cancelled) and becomes no longer valid.

Give me an Australian source, or do you have a problem with geography.

[BE88]

On 7/11/2024 at 11:27 AM, Foxx said:

In some countries any existing will is automatically cancelled when one gets married.  That's certainly the case in the UK.  Is it the same in Thailand? And if so, does one then need to wait until after the wedding day before signing a new will?

 

Thanks.

 

 

It is important to know that it is the place where you live that the law is applied, if for example you live and reside in Thailand and the Thai law comes into force and therefore the will must be made according to Thai law.

Which law can completely exclude your family members in your country of origin from inheriting if you wish.

[JimHuaHin]

23 hours ago, hotandsticky said:

 

 

 If that is the law in Austria (where the Will was written and the assets are based) then you will need a new Will.

Austria or Australia?

[JimHuaHin]

14 hours ago, GreasyFingers said:

Where did you get that from. So a person who marries or divorces will die "in testate" if they do not do a new will. Maybe check your source.

You may consult - Charles Rowland "Hutley's Australian Wills Precedents", Butterworths, Chatswood, 1994.

 

This is the edition I have, I imagine it has been revised and updated.

[hotandsticky]

1 hour ago, JimHuaHin said:

Austria or Australia?

 

Either..............and the UK

[sometimewoodworker]

On 7/12/2024 at 1:36 PM, advancebooking said:

One issue that is set in stone here in Thailand is that after signing that marriage contract at the district office and getting that certificate, ANY assets purchased together are considered marital assets. In the event of a divorce assets can be sold and divided 50% each. No questions. This is the law. Assets acquired before marriage are yours. 

As far as it goes that is correct. However you can receive something while married that is not automatically a marital asset. 

[Gottfrid]

On 7/12/2024 at 5:06 PM, GreasyFingers said:

Where did you get that from. So a person who marries or divorces will die "in testate" if they do not do a new will. Maybe check your source.

Here you have the complete f-up!

How does Marriage Affect Your Will? | E&A Lawyers (ealawyers.com.au)

[Liverpool Lou]

On 7/12/2024 at 5:06 PM, GreasyFingers said:

Where did you get that from. So a person who marries or divorces will die "in testate" if they do not do a new will. Maybe check your source.

Who told you that a person dying without making a will dies "in testate" [sic]?   Maybe check your source...and the meaning of "intestate".

[GreasyFingers]

19 hours ago, Liverpool Lou said:

Who told you that a person dying without making a will dies "in testate" [sic]?   Maybe check your source...and the meaning of "intestate".

Try using an English definition of the meaning, there are plenty of source on the internet.

[Liverpool Lou]

1 hour ago, GreasyFingers said:

21 hours ago, Liverpool Lou said:

Who told you that a person dying without making a will dies "in testate" [sic]?   Maybe check your source...and the meaning of "intestate".

Try using an English definition of the meaning, there are plenty of source on the internet.

I'm not the one who needs a dictionary, the word is "intestate", it is not the two word, meaningless phrase, "in  testate"!