Do You Need A Will?

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We all know that nothing is as certain as death and taxes. While you do not need a Will in Thailand (or most Western countries) for your assets to be distributed after your death, it is a good idea if you would like to control the distribution of your assets after you die.

If you die in Thailand and have assets here but do not have a will (aka “Intestate” )those assets will be distributed to those persons that Thai law has listed (aka “statutory heirs”). Thailand’s Civil Code identifies and prioritizes those heirs as: children; parents; spouse; full blooded brothers and sisters; half-blooded brothers and sisters; grandparents; uncles/aunts.

The Court may appoint an administrator who manages the distribution of the deceased’s assets in accordance with the law including the “Sin Somoros” providing that half the estate goes to the deceased’s surviving spouse.

If you die in Thailand with assets and have a Will your assets will be distributed to those persons that you have designated in the Will. The Will designates an Executor who is charged with notifying the beneficiaries and distributing the estate’s assets. The Will cannot be used as a mechanism to exclude the deceased’s spouse’s right to one half of the marital assets (Sin Somoros).

Thai Court approval is required with a Will or Without a Will as the Executor will often need a Court Order to allow the Executor to have access to the deceased’s estate information and to distribute accordingly (ex. Bank accounts, transferring vehicle ownership).

There are five different forms of Wills that are acceptable under Thai law and the one you chose should be based upon direct consultation with a licensed attorney. In the Will you may designate an Administrator to facilitate the distribution of the estate’s assets in accordance with your wishes.*

Do you have any questions about getting a Visa for travel/business/retiring/investing in Thailand? Please “ask the visa expert” from Sunbelt Asia here: Thaivisa.com - Ask the Visa Expert from Sunbelt Asia

This information has been provided by Sunbelt Asia Co., Ltd. Sunbelt Asia has been the main sponsor of Thaivisa.com since 2002.

You can contact Sunbelt Asia at (66)2-642-0213. Please visit our website for more information on doing business, working, investing, travelling, owning real estate, or starting your own business in Thailand at www.sunbeltasiagroup.com. We are located at 1 Ratchadaphisek Rd., Floor 26, Bangkok, Thailand 10400 and can easily be reached by public transportation.

*This does not constitute legal advice or serve as a substitute for direct legal consultation with a licensed attorney. The information is provided for educational purposes only and it may not account for the specific facts and laws that may be applicable to each individual’s situation. Also, there may be changes in the law that may affect your specific case so the answers provided here should not be considered to be applicable your personal situation.

Legal information is not the same as legal advice, which is the application of law by a licensed attorney to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend that you consult a lawyer if you want legal advice specific to the facts surrounding your case. This information does not take the place of discussions with a licensed lawyer and it does not create an attorney-client relationship between readers of the information and Sunbelt Asia, Co. Ltd. or any of its employees.

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What is the legal difference between an "executer" and an "administrator"?