Why To Make A Will Or Not In Thailand

[ThaiLawOnline]

Lately, we received many questions about "Wills" in Thailand. The following text tries to answer some of these questions. Not everybody needs a will and this text aims only to give you general information. Don't hesitate to communicate with us should you have any other questions or inquiries.

__________________________________

WILLS IN THAILAND

By Sebastian H. Brousseau, LLB, B.Sc., Canadian Attorney-at-Law

and Alan G. McAdam, LL.B. (Hons.), British Solicitor

From Isaan Lawyers

April 2008.

_____________________________________

No matter how little or how much property you may own, you want to be sure that it is distributed to the right people after your death. In Thailand and in most countries, "When a person dies, his estate devolves on the heirs." (Section 1599 of the Civil and Commercial Code, "CCC")

In Thailand, if a person dies without a will, it is down to the state to decide who will benefit from the estate of the deceased. (Statutory heirs) (Section 1603 CCC).

There are six classes of statutory heirs in Thailand, each class is entitled to inherit in the following order: (section 1629 of the Civil and Commercial Code "CCC")

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 (Section 1635 CCC). It must be a legal and registered marriage.

It would be very comforting to know that at the time your loved ones are mourning your death, you will have done everything in your power to avoid problems. A will lets you choose your heirs ("legatees") and clearly outlines your last wishes. If you do not make a will, the law in Thailand will instead determine who inherits your property. A proper will is a guarantee that your wishes will be respected. It will also make settling your succession that much easier.

A will can do many things for you:

· Gives you peace of mind and protection

· Divides the estate (specifically) or gives all your asset to someone (general)

· Appoints Administrator of your estate (Executors)

· Elects Guardians for underage Children (Section 1586 CCC)

· Makes gifts of money (pecuniary legacies) or items (chattels)

· Includes specific people (i.e. step children)

· Excludes specific people (ex spouse/partner, family members)

· Protects loved ones inheritance

There are three types of wills** in Thailand:

A ) An holograph will (section 1657 CCC)

B ) A will made in presence of witnesses. (Section 1656 CCC)

C ) A will made before public officials (section 1658 CCC)

(** "Secret will" (Section 1660) and an "oral will" (Section 1663) are other possibilities)

A holograph will is entirely handwritten by the testator and signed by him, dated, without the use of any mechanical process. It does not require the presence of a witness. No erasure, addition or other alteration in such will is valid unless made by the testator's own hand and signed by him.

A will made in the presence of witnesses must be signed by the testator, dated, before at least two other persons as witnesses and meet certain requirements. The two witnesses must also sign the will in presence of the testator. Some people can't be witnesses at the making of a will.

A will made before public officials is normally made at the Amphur.

SEVERAL GOOD REASONS FOR CHOOSING A THAI LAWYER TO MAKE A WILL

A will is an important legal document; the settlement of your succession is based on it. It is therefore essential that the will is well drafted, complete and free of ambiguity. In Thailand, you must be at least 15 years old to make a will. (Clause 1703 CCC)

When you have recourse to the services of a lawyer with expertise in the planning of successions and drafting of legal documents, you can be sure that there will be no problems in the interpretation of your will. Your lawyer knows how important it is to choose the right words and he will formulate your last wishes in legal terms according to your instructions. He will also help you remember everything that should be included to make the settlement of your succession an easy task. If you are director of a Thai limited company, the control of the share won't be automatically transferred to your heirs.

Another advantage to choose a lawyer to make a will is that he will keep the original in a safe place, where it cannot be lost or destroyed. You will have a copy and you can also give another copy to a person that you trust. The content will remain confidential until your death (unless you tell someone or there is a Court order to disclose it) and you can always change or modify your will if you wish.

All countries have different laws. In some of them your ex-wife/husband can still make a claim on your estate in Thailand if you don't take legal steps to exclude them. This can be done in a Thai Will.

Section 1667 states that "In the event of a Thai subject making his will in a foreign territory, such will may be made either according to the form prescribed by the law of the country where it is made or according to the form prescribed by Thai law."

A legal foreign will could be acceptable in Thai Courts. However, they have to be translated and authorised by the Ministry of Foreign Affairs of Thailand. A Thai will should make it easier but it is not essential.

If you have assets in another country, the will dealing with your foreign assets MUST normally be valid under the laws of the county in which you are domiciled. Domicile is extremely complex and is most definitely should NOT be confused with residence. It is possible to be resident in one country and domiciled in another. If you were born in a foreign country, to change your domicile to Thai obviously involves you moving to Thailand.

If you are updating either of your wills, be very careful that you don't inadvertently revoke one of your other wills. If you do a new will in Thailand, send a translation of it to whoever holds your foreign will and ask them to confirm that your old will in your foreign country is still valid if this is what you wish.

If you make a will in Thailand, it should be in Thai language. Otherwise, many people in Thailand won't understand when your heirs will use it. A good law firm should be able to provide you a bilingual will so that you can understand the content of it. A translation Thai to English will cost you between 300 to 500 baht per page. Some other languages could be more expensive (Scandinavian, Japanese, etc.).

Foreigners are normally not allowed to own land in Thailand. However, a foreigner who acquires land by inheritance will have a delay of one year to transfer the land to a Thai national.

You may appoint a person or the administrator of your estate to arrange your funeral. Some wish their ashes to be scattered in the sea, some chose to be buried in a Chinese cemetery, some prefer not to mention anything.

One other point to bear in mind is that your foreign estate may be liable to Inheritance Tax in your country. So far, there is no inheritance or death tax in Thailand. But the Thai government has been thinking about changing the law for many years:

http://www.nationmultimedia.com/2007/02/28/national/national_30028100.php

To avoid paying too much inheritance tax in some cases, it is common in western countries to have a clause avoiding the transfer of ownership to a heir unless this person survives the testator by 30 days.

Many rules in Thailand are not exactly the same as in your country. This is why you must be careful if you don't want your will to be void. Do you know a witness to a will can't be a beneficiary? (Clause 1653 CCC) Do you know that the name of the writer of a will (if it is not the testator) must sign his name and add the statement that he is the writer? (Clause 1671 CCC) Do you know that you can appoint a "controller of property" if you desire to dispose your property in favour of a minor, but if you don't want the parents, guardians or custodians to manage this property? (Sections 1686 and following CCC).

A Thai lawyer can explain this to you and advise you what you can do or not do in this country. It is normally inexpensive to make a will in Thailand and it can be done quickly. It will protect you and give you peace of mind.

[Mobi]

Thank you very much for a most informative thread.

I previously made a very simple will with a lawyer in Pattaya, but it was all in English. I assume that this is invalid.

In any event I wish to update and change it. Can you by any chance recommend a lawyer in Pattaya who can do this, or do you have a branch office here?

All my offshore investments are 'wrapped up' in life bonds and are outside the scope of UK tax. More importantly, I have named the beneficiaries of these bonds and, upon my death, the funds would be paid directly to beneficiaries and they are outside the scope of UK probate. Would these bonds have to be noted in my Thai will, or can they stand "as they are" and be paid out directly to beneficiaries (both in the UK and Thailand) as stated in the bond documentation.

Can you have two wills? dealing with Thai assets, and , say, a UK will dealing with UK based assets?

Thank you.

Mobi

[ThaiLawOnline]

Mobi,

A will must be made in writting but could be done in another language. I used the word "must" but I just changed it for "should", which is more appropriate. Thanks for your comment!

A will in a foreign language is valid but remember that many people around here can't speak English. So, it could be difficult for the administrator of your estate or your heirs to use an English will... at the amphur, the bank, in Court, anywhere they might need to use it. This is why we normally do a bilingual will.

As I understand, without having seen your documents, it looks like your bonds will be paid directly to the beneficiaries and you don't need to write them in a Thai will. However, if you decide to update your wills, I would state them. The main reason is that you want the beneficiaries to know about these bonds and you want the administrator of the estate to notify people at your death about this part of your asset. Some people prefer NOT to mention part of their asset for tax reasons. But it looks like it doesn't apply in your case.

Of course you can have 2 wills in 2 different countries and it's the best way to do it, especially if you have large assets. Why? Because Laws of all countries are different. It's always easier to have a document from your jurisdiction, made by someone knowing the law of your country and that will apply in your country. If you have asset only in one country, you won't need 2 wills.

I can't recommend you someone but I am sure that other members of this forum can.

[thaieagle67]

Lately, we received many questions about "Wills" in Thailand. The following text tries to answer some of these questions. Not everybody needs a will and this text aims only to give you general information. Don't hesitate to communicate with us should you have any other questions or inquiries.

__________________________________

WILLS IN THAILAND

By Sebastian H. Brousseau, LLB, B.Sc., Canadian Attorney-at-Law

and Alan G. McAdam, LL.B. (Hons.), British Solicitor

From Isaan Lawyers

April 2008.

_____________________________________

No matter how little or how much property you may own, you want to be sure that it is distributed to the right people after your death. In Thailand and in most countries, "When a person dies, his estate devolves on the heirs." (Section 1599 of the Civil and Commercial Code, "CCC")

In Thailand, if a person dies without a will, it is down to the state to decide who will benefit from the estate of the deceased. (Statutory heirs) (Section 1603 CCC).

There are six classes of statutory heirs in Thailand, each class is entitled to inherit in the following order: (section 1629 of the Civil and Commercial Code "CCC")

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 (Section 1635 CCC). It must be a legal and registered marriage.

It would be very comforting to know that at the time your loved ones are mourning your death, you will have done everything in your power to avoid problems. A will lets you choose your heirs ("legatees") and clearly outlines your last wishes. If you do not make a will, the law in Thailand will instead determine who inherits your property. A proper will is a guarantee that your wishes will be respected. It will also make settling your succession that much easier.

A will can do many things for you:

· Gives you peace of mind and protection

· Divides the estate (specifically) or gives all your asset to someone (general)

· Appoints Administrator of your estate (Executors)

· Elects Guardians for underage Children (Section 1586 CCC)

· Makes gifts of money (pecuniary legacies) or items (chattels)

· Includes specific people (i.e. step children)

· Excludes specific people (ex spouse/partner, family members)

· Protects loved ones inheritance

There are three types of wills** in Thailand:

A ) An holograph will (section 1657 CCC)

B ) A will made in presence of witnesses. (Section 1656 CCC)

C ) A will made before public officials (section 1658 CCC)

(** "Secret will" (Section 1660) and an "oral will" (Section 1663) are other possibilities)

A holograph will is entirely handwritten by the testator and signed by him, dated, without the use of any mechanical process. It does not require the presence of a witness. No erasure, addition or other alteration in such will is valid unless made by the testator's own hand and signed by him.

A will made in the presence of witnesses must be signed by the testator, dated, before at least two other persons as witnesses and meet certain requirements. The two witnesses must also sign the will in presence of the testator. Some people can't be witnesses at the making of a will.

A will made before public officials is normally made at the Amphur.

SEVERAL GOOD REASONS FOR CHOOSING A THAI LAWYER TO MAKE A WILL

A will is an important legal document; the settlement of your succession is based on it. It is therefore essential that the will is well drafted, complete and free of ambiguity. In Thailand, you must be at least 15 years old to make a will. (Clause 1703 CCC)

When you have recourse to the services of a lawyer with expertise in the planning of successions and drafting of legal documents, you can be sure that there will be no problems in the interpretation of your will. Your lawyer knows how important it is to choose the right words and he will formulate your last wishes in legal terms according to your instructions. He will also help you remember everything that should be included to make the settlement of your succession an easy task. If you are director of a Thai limited company, the control of the share won't be automatically transferred to your heirs.

Another advantage to choose a lawyer to make a will is that he will keep the original in a safe place, where it cannot be lost or destroyed. You will have a copy and you can also give another copy to a person that you trust. The content will remain confidential until your death (unless you tell someone or there is a Court order to disclose it) and you can always change or modify your will if you wish.

All countries have different laws. In some of them your ex-wife/husband can still make a claim on your estate in Thailand if you don't take legal steps to exclude them. This can be done in a Thai Will.

Section 1667 states that "In the event of a Thai subject making his will in a foreign territory, such will may be made either according to the form prescribed by the law of the country where it is made or according to the form prescribed by Thai law."

A legal foreign will could be acceptable in Thai Courts. However, they have to be translated and authorised by the Ministry of Foreign Affairs of Thailand. A Thai will should make it easier but it is not essential.

If you have assets in another country, the will dealing with your foreign assets MUST normally be valid under the laws of the county in which you are domiciled. Domicile is extremely complex and is most definitely should NOT be confused with residence. It is possible to be resident in one country and domiciled in another. If you were born in a foreign country, to change your domicile to Thai obviously involves you moving to Thailand.

If you are updating either of your wills, be very careful that you don't inadvertently revoke one of your other wills. If you do a new will in Thailand, send a translation of it to whoever holds your foreign will and ask them to confirm that your old will in your foreign country is still valid if this is what you wish.

If you make a will in Thailand, it should be in Thai language. Otherwise, many people in Thailand won't understand when your heirs will use it. A good law firm should be able to provide you a bilingual will so that you can understand the content of it. A translation Thai to English will cost you between 300 to 500 baht per page. Some other languages could be more expensive (Scandinavian, Japanese, etc.).

Foreigners are normally not allowed to own land in Thailand. However, a foreigner who acquires land by inheritance will have a delay of one year to transfer the land to a Thai national.

You may appoint a person or the administrator of your estate to arrange your funeral. Some wish their ashes to be scattered in the sea, some chose to be buried in a Chinese cemetery, some prefer not to mention anything.

One other point to bear in mind is that your foreign estate may be liable to Inheritance Tax in your country. So far, there is no inheritance or death tax in Thailand. But the Thai government has been thinking about changing the law for many years:

http://www.nationmultimedia.com/2007/02/28/national/national_30028100.php

To avoid paying too much inheritance tax in some cases, it is common in western countries to have a clause avoiding the transfer of ownership to a heir unless this person survives the testator by 30 days.

Many rules in Thailand are not exactly the same as in your country. This is why you must be careful if you don't want your will to be void. Do you know a witness to a will can't be a beneficiary? (Clause 1653 CCC) Do you know that the name of the writer of a will (if it is not the testator) must sign his name and add the statement that he is the writer? (Clause 1671 CCC) Do you know that you can appoint a "controller of property" if you desire to dispose your property in favour of a minor, but if you don't want the parents, guardians or custodians to manage this property? (Sections 1686 and following CCC).

A Thai lawyer can explain this to you and advise you what you can do or not do in this country. It is normally inexpensive to make a will in Thailand and it can be done quickly. It will protect you and give you peace of mind.

Isaanlawyers, some very good information.

I am not sure if you can help but i am interested to know what kind of protection can a Thai wife/husband give for their farang spouse with regards to being able to remain in the family home if they passed away?

As you have quoted; if a Thai dies and does not have a will then their assests will go to the state, so leaving a farang spouse with a problem. If a Thai states in her/his will that the spouse can remain in the family home to take care of children, etc, what does the law state on this? Would the farang be able to stay with the children in the family home? In addition to this, if it was permitted for the farang to stay, would the Thai family have the right to take over the family home if the children were still at a young age?

[MrPaddy]

Mobi, I can recommend a lawyer not to use in the Pattaya/chonburi area.

This information can be more usefull than a positive recommendation.

The incompetence of this firm is outstanding.

PM me if you want the information to stay safe.

[PattayaParent]

I've recently been advised that for non-domicile ppurposes it's better to have a Will ONLY in Thailand and not a Will in both UK and Thailand.

Any comments on this Isaanlawyers?

[ThaiLawOnline]

Thaieagle: To stay on a property, after the death of the Thai owner, let's imagine your wife or girlfriend, I believe the best 'protection' is a USUFRUCT agreement. With this, you can stay on a property for the rest of your life...

I already wrote an article called "Everything you always wanted to know about usufruct agreements in Thailand" on this forum.

Make a search, I believe it was in 2 months ago, in February 2008. If you can find it, go on our website and you will have a copy.

We often combine usufruct and will(s). Or a lease agreement and will(s)

[BL4u]

Thaieagle: To stay on a property, after the death of the Thai owner, let's imagine your wife or girlfriend, I believe the best 'protection' is a USUFRUCT agreement. With this, you can stay on a property for the rest of your life...

I already wrote an article called "Everything you always wanted to know about usufruct agreements in Thailand" on this forum.

Make a search, I believe it was in 2 months ago, in February 2008. If you can find it, go on our website and you will have a copy.

We often combine usufruct and will(s). Or a lease agreement and will(s)

A few tips:

1 - Use one font size and the standard style in your posts

2 – Remove at the top the 'By followed by the names and titles'. The post merely contains general info and a brief summary of the translation of the Civil and Commercial Code. It is not a legal opinion or legal article.

3 – Place the post it in the family section - or specify your post about wills to real estate.

4 – Remove the Isaan-Properties part at the bottom. You lose all credibility as there is a major conflict of interest. Lawyer’s conflict of interest is at the root of almost all the problems in the real estate industry in Thailand. It breaks the first rule of property investing: use an independent solicitor.

Mobi , about the lawyer in Pataya: what happened to Greg and Sunbelt Asia??

Get-rich-quick: suck as much money from as many suckers as fast as possible.

[ThaiLawOnline]

BL4U:

1- I "copy-paste" a text we wrote on MS Word. That's the reason for the font. But the content should be the priority.

2- Of course it is NOT a legal opinion and I believe that forums are not appropriate for them. But it is a legal article... Even to reproduce articles or the civil code and putting them in a different orders, with sentences, would be a legal article. But it is more. Explaining the law, making it approchable for people without a law background is important and the duty of lawyers. And I believe keeping our names on something we wrote is perfectly OK. More than that, it is IMPORTANT on a forum where can write whatever they want behind a nickname. People know who wrote it and can double check the information.

3 – Of course, it's about wills and real estate. Sorry, I don't read the family forum and most forums here.

4 – Agreed about the conflict of interest. But it's more complicated than that. I work for a company... and unfortunately, in the past, we had clients wanting to sell properties and clients wanting to buy property. Almost nothing was available in Isaan before. We were reluctant to start it, but there was a need. The company is more than me and I don't decide about everything.

I would add that there is something about Law in Thailand that is NOT the same as in western countries. In western countries, we hope that the RULE OF LAW will apply. Here, it's more often WHO you KNOW. It also applies to our country but not in the same way or intensity.

Here, I've seen law firms getting commissions from companies sending clients. We don't. I respect my ethic code and the Laws of Thailand. We don't build shell companies, as an example. Our law firm abide by the law.

I believe the world of Law today, is not the same as 50 years ago. For instance, the decision from The American Supreme Court in Bates v. State Bar of Arizona, 433 U.S. 350 (1977). People are entitled to know, use internet to get information and lawyers are allowed to give information. I wish there was no need for lawyers...or that law was easy enough for everybody to know and understand perfectly. I wish that justice was law. But this is another topic, which we could debate for years, and this text was only to provide basic information about Wills in Thailand. Many thanks.

[Guest Bellini]

In Thailand, if a person dies without a will, it is down to the state to decide who will benefit from the estate of the deceased. (Statutory heirs) (Section 1603 CCC).

There are six classes of statutory heirs in Thailand, each class is entitled to inherit in the following order: (section 1629 of the Civil and Commercial Code "CCC")

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 (Section 1635 CCC). It must be a legal and registered marriage.

Do all classes of heirs inherit? Or do some classes only inherit if another class does not survive the deceased? For examples, in the absence of a will do brothers and sisters inherit even if the deceased is survived by his wife and/or children?

[thaieagle67]

Thaieagle: To stay on a property, after the death of the Thai owner, let's imagine your wife or girlfriend, I believe the best 'protection' is a USUFRUCT agreement. With this, you can stay on a property for the rest of your life...

I already wrote an article called "Everything you always wanted to know about usufruct agreements in Thailand" on this forum.

Make a search, I believe it was in 2 months ago, in February 2008. If you can find it, go on our website and you will have a copy.

We often combine usufruct and will(s). Or a lease agreement and will(s)

Isaanlawyers,

I found the previous article but still need some clarity. One member asked the points below but it appears that he was not answered, so could you clarify these for us?

1. What is the normal law of succession for her land and our house in case my Thai wife passes away (no will, no children)?

2. How do things change in 1. if there are children?

3. How do things change in 1. if I am an usufructary of the land?

Edited April 12, 2008 by thaieagle67

[ThaiLawOnline]

Sorry for late reply... I was celebrating Songkran!

Do all classes of heirs inherit? No.

The different classes (1 to 6) inherit according to their level. For example, if there are no surving heirs in classes 1,2 and 3, the heirs of class 4 will inherit.

There are 2 exceptions. Heirs of class 1 and 2 can inherit at the same time. (section 1630).

Section 1630. "So long as there is any heir surviving or represented in a class as specified in Section 1629 as the case may be, the heir of the lower class has no right at all to the estate of the deceased.

However, the forgoing paragraph doe not apply in the particular case where there is any descendant surviving or represented as the case may be, and also the parents or one of them are still surviving; in such case each parent is entitled to the same share as an heir in the degree of children."

And the LEGAL spouse, is a special heir, according to section 1635, which means she has the same rank as blood heirs in classes 1 and 2.

THAIEAGLE:

1. What is the normal law of succession for her land and our house in case my Thai wife passes away (no will, no children)?

We will need more information. Is it a legal marriage? Was your house built or buy before or after the marriage, is there a prenuptial agreement, does she have heirs in classes 3,4,5,6, etc. This is why people do wills. You will know exactly who will inherit of your assets.

But here are the relevant sections of the CCCT concerning statutory heirs.

=================================

CHAPTER III

DIVISION INTO SHARES BETWEEN THE STATUTORY HEIRS IN EACH CLASS AND DEGREE

Section 1632. Subject to the provisions of Section 1629 last paragraph, the distribution of inheritance to the statutory heirs in the several classes of rlatives shall be in accordance with the provisions in Part I of this Chapter.

Section 1633. The statutory heirs of the same class in any of the classes as specified in Section 1629 are entitled to equal shares. If there is only one statutory heir in such class, he is entitled to the whole portion.

Section 1634. As between the descendants entitled by way of representative to the division per stirpes as provided in Chapter IV of Title II, the divisions shall be as follows:

(1) If there are descendants of different degrees, only the children of the deceased who are the nearest in degree are entitled to receive the inheritance. The descendants of 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 descendants such descendant is entitled to the whole share."

=================================

2. How do things change in 1. if there are children?

It changes a lot. Imagine that there is no heir in classes 2,3,4,5,6. Legally married, you will get 100% of her asset. But with children, the children will get 50% and you will get 50%.

3. How do things change in 1. if I am an usufructary of the land?

If you are the usufructuary (contract for life) and your Thai wife dies (I imagine that she is the owner), you can stay on the land/house and enjoy it for the rest of YOUR LIFE. The land will go to her heirs. The house, it depends when it was bought, how many heirs does she have, etc.

[WilliamJarvis]

Sebastian:

SEVERAL GOOD REASONS FOR CHOOSING A THAI LAWYER TO MAKE A WILL

When you have recourse to the services of a lawyer with expertise in the planning of successions and drafting of legal documents, you can be sure that there will be no problems in the interpretation of your will. Your lawyer knows how important it is to choose the right words and he will formulate your last wishes in legal terms according to your instructions. He will also help you remember everything that should be included to make the settlement of your succession an easy task. If you are director of a Thai limited company, the control of the share won't be automatically transferred to your heirs.

When did you need to be a shareholder of a company in order to be a director? I think the word "director" here needs to be "shareholder". Also, I don't think you can bequeath a directorship.

I think it is also important that it be noted that the procedure for a "public" will is different to the other types of wills - in that, in most cases, these need to be registered/notified by the local Amphur office.

Foreigners are normally not allowed to own land in Thailand. However, a foreigner who acquires land by inheritance will have a delay of one year to transfer the land to a Thai national.

Have Sections 93 and 96 bis of the Land Code changed? Previously this need only be done if you did not receive permission from the Minister of Interior to inherit the land - and the period of not less than 180 and not more than 1 year ran from the date of the Minister's refusal, not the date of inheritance.

On the issue of the article, if you are going to use your own "real" name, I would strongly suggest you co-author a Thai who has a Thai law degree. Despite the practice of late for foreign lawyers to opine on Thai law (a practice that essentially grew out of a genuine belief that Thailand would hold to its WTO obligations and open up the legal service industry in the late 1990s early 2000s - and despite having seen a draft Act for foreign lawyers being permitted to advise in Thailand, I have yet to see an enacted version), such is still a restricted occupation under the relevant annexes of the Foreign Business Act. That's without the fact that neither of the named authors is qualified to opine on Thai law, whatever that ['qualified' Thai lawyer] may mean.

Edited April 15, 2008 by WilliamJarvis

[ThaiLawOnline]

Have Sections 93 and 96 bis of the Land Code changed? Previously this need only be done if you did not receive permission from the Minister of Interior to inherit the land - and the period of not less than 180 and not more than 1 year ran from the date of the Minister's refusal, not the date of inheritance.

William,

Yes, you are right. Shareholder, not director. I'm director of a company without being a shareholder... I know! Many thanks. Will do the correction.

For section 93 or the Land Code, I never seen a permission to inherit land from the Ministry of interior granted. I'm not saying that it doesn't exist.

And the delay is in 94.

Section 94: All the land which as an alien has acquired unlawfully or without permission shall be disposed of by such alien within the time limit prescribed by the Director-General which shall not be less than one hundred eighty days nor more than one year. If the land is not disposed of within the time prescribed the Director-General shall have the power to dispose of it. The provisions on the forced sale of land in Chapter 3 shall apply mutatis mutandis.

This text doesn't pretend to explain all Thai law about inheritance, differences, defintions, etc. We had choices to make. This is why I didn't explain the procedure for a will made of a public document at the amphur... not even the oral will, etc.

[chiangmaibruce]

Hi. I am not a lawyer but I would like to make a comment on the question earlier raised by Mobi.

Mobi asked whether he/she needs to identify some bonds he/she holds as assets in a Thai will, given that he/she has already advised the fund manager who the beneficiary should be.

I would say a qualified 'yes' based on the following:

1. If you do not disclose all assets in your Will then you run the risk that they may be overlooked in all the shuffling of papers and confusion that can follow an untimely death. If no-one knows the bonds exist then who will tell the fund manager you have died? Who will make sure the fund manager processes the paperwork and send the cheque?

This list of assets (and debts) need not form part of the Will but could just form an attachment for the information of the Executors.

2. In Australia at least there is a distinction between binding and non-binding nomination of beneficiaries. Some life insurors, superannuation managers etc etc do not accept binding nominations - which means they retain discretionary powers as the who they pay the money to (but will consider your wishes).

Generally (again, in Australia at least) these nominations of beneficiaries MUST be renewed by you every few years otherwise they automatically lapse.

Bottom line is Mobi, that it might pay you to read the terms and conditions very closely before you can have confidence that what you want to happen, will in fact actually happen.

Cheers

- CB

[WilliamJarvis]

Seb:

One other comment I would make is that there is no such thing as a "British Solicitor". Which tells me the co-author is either not qualified or doesn't understand these minor qualification concepts.

W

[ThaiLawOnline]

Seb:

One other comment I would make is that there is no such thing as a "British Solicitor". Which tells me the co-author is either not qualified or doesn't understand these minor qualification concepts.

W

William,

Alan is fully qualified.

He graduated from Robert Gordon University, Aberdeen, with honors. He is from Scotland.

I wrote (not him) the words "British solicitor" because for me, (sorry to say), it's quite difficult to distinguish these different parts: England, UK, Scotland, etc. and there is no difference between

lawyer, solicitor, attorney, barrister or attorney-at-law where I come from. (Canada)

If you are a member of the Bar in my province, you can call yourself by any of these words.

If you stop being a member for any reason, you can't anymore.

But I know it is not necessarely the same in some others jurisdictions.

In Thailand, there is a difference between a lawyer (bachelor degree, can't go to Court), solicitor or attorney (member of the Bar, can go to the Court), and barrister (highest rank).

Alan worked 7 years for Hunt and Hunt Solicitors, (Can you see why I picked the word solicitor....)

before working 6 years for "Ross Harper Solicitors", http://www.rossharper.com/, (another time!)

before working for "Pensit and Laws Attorneys" in Thailand and opening his own law firm in Khon Kaen in 2006.

There is so much misinformation on Internet about Thai Law...