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Ask a lawyer – do I need to make a will in Thailand

Do I need to make a Will in Thailand?

Many people have pointed out to me that this seems a depressing subject and one they would rather not think about, but think of it this way your “Last Will and Testament” is just that, the last decision you get to make.

For many of us making sure that if something should happen to us our loved ones will be protected and entitled to inherit what we have is an important subject.

In situations where there is no Will in Thailand sometimes loved ones are left with no money, lengthy and expensive cases to get probate or worst still nothing, because we have not made our “will” known.

There is a lot of confusion about whether you need to make a Will in Thailand or not and the answer to whether you need to or not should be based on the type of property, if any, you own in Thailand.

In legal lingo we call some property “immovable” (this means that it cannot be moved to another place and normally means things like land and house).

“Movable” property means things like shares and the benefit of agreements e.g. loan or lease agreements.

If you own immovable property, that is property which cannot be owned outside of Thailand then you must make a Will if you want to make sure that this property is passed on to the people you want to have it and in the proportions that you want to give it to them.

If you only own movable property like shares you do not have to make a Will in Thailand if you have a Will elsewhere, unless of course you want to make sure that this property can be transferred to a different person than the person who will inherit under your other will.

If you have no owned assets at all you do not need a Will.

Not sure if you need a Will or not? Seek legal advice and make sure you know that your family will benefit from your wishes, not what the law says your wishes would be, because you did not write them down.

PKN-legal

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