Thai Estate & Will Documents — 6 Cases

Thai law recognises several statutory will forms. The ordinary form under section 1656 must be in writing, dated with the day, month and year on which it is made, signed by the testator before at least two witnesses present at the same time, and signed by those witnesses certifying the testator's signature at that moment. The holographic form under section 1657 requires the testator to write the entire text, the date and the signature in their own hand, needs no witnesses, and cannot be typed or written by anyone else even in part.

The public-document form under section 1658 is made before the district officer: the testator declares the intended terms before two witnesses, the officer records and reads them back, and everyone signs. The secret-document form under section 1660 involves sealing the document and presenting it to the officer with witnesses. The oral form under section 1663 is available only in exceptional circumstances where no other form is possible, such as imminent danger of death, and its effect is limited by law.

On death the estate vests in the heirs immediately under section 1599, but to deal with individual assets — closing bank accounts, transferring land, re-registering shares — institutions require clear proof of authority. In practice this means petitioning the court for an order appointing an estate administrator under sections 1711 to 1713, which proceeds as a non-contentious case where all heirs consent.

The competent court is the one for the deceased's domicile at death; where the deceased was domiciled abroad, the court where the estate assets are located is considered. The petitioner is typically an heir, an interested party or the person nominated in the will. The petition must set out the relationship to the deceased, a summary of estate assets, the practical obstacle to administration and the request for appointment.

Assets located in Thailand — land, condominium units, deposits in Thai banks, shares in Thai companies — go through the Thai process even where the deceased made a will abroad and a foreign court has already granted probate. Those foreign documents are evidence in support of a Thai petition; they do not replace a Thai court order.

The certification chain is where most files go wrong. The document must be certified through the origin country's chain up to that country's foreign ministry, then certified by the Royal Thai Embassy or Consulate there. Once in Thailand it is translated into Thai and, where the recipient requires it, the translation is legalised by the Department of Consular Affairs.

Proving heirship in Thailand rests on civil registration records. The death certificate is issued by the district registrar where the death was reported, the deceased's house registration must show the name struck off as deceased, and relationship documents such as children's birth certificates or the spouse's marriage certificate link each person to a class of heir under section 1629.

Where heirs or assets are abroad, those Thai documents must be translated into the language the receiving authority requires and legalised by the Department of Consular Affairs; some countries then require a further certification by their embassy in Thailand. Always ask the recipient for their requirements in writing before starting.

An estate power of attorney must itemise the powers granted: consenting to the appointment of an administrator, collecting deposits from a named bank, signing an estate distribution agreement, or registering transfer of a specified land plot. Broad wording such as 'to do everything on my behalf' is commonly rejected, because banks and Land Offices read authority strictly.

Signing is best done before a consular officer at a Royal Thai Embassy or Consulate in the heir's country. The alternative is signing before a local notary public and then completing certification up to that country's foreign ministry and the Royal Thai Embassy or Consulate. The Thai recipient decides which route it accepts, so ask before booking the appointment.

Condominium units can be foreign-owned under the Condominium Act where the buyer meets section 19 and the building's foreign-ownership ratio is still within 49% of total unit floor area. Where a foreign heir does not qualify, or the ratio is already full, the law requires the inherited unit to be disposed of within one year from acquisition of ownership.

Land is different. The Land Code prohibits foreigners from acquiring land except where a treaty or statute allows it. Where a foreigner acquires land by inheritance as a statutory heir, the land must be disposed of within the prescribed period; failing that, the Director-General of the Department of Lands has power to dispose of it. Plan from the moment you learn land forms part of the estate.