Last Will and Testament

A last will and testament is a legal document that expresses a person's wishes regarding the disposition of their assets and property after their death. It takes effect upon the death of the testator, the person who makes the will.

Types of Wills

There are five types of wills in Thai law:

1. Ordinary Will:

• Must be in writing, either handwritten or typed, in Thai or a foreign language.
• Must be dated and signed by the testator in the presence of at least two witnesses.
• Any alterations or corrections must be dated, signed, and witnessed.

2. Self-Written Will:

• Must be entirely handwritten by the testator.
• May or may not have witnesses.
• Must be dated and signed by the testator.
• Any alterations or corrections must be made by hand and signed by the testator.

3. Official Will:

• Executed before a district officer (nai amphoe).
• The testator declares their wishes to the district officer in the presence of at least two witnesses.
• The district officer records the testator's statements, reads them back to the testator and witnesses, and has them sign the document.
• The district officer signs and dates the document and affixes their official seal.

4. Sealed Will:

• The testator writes their will, signs it, and seals it.
• The testator presents the sealed will to the district officer and at least two witnesses and declares that it is their will.
• The district officer records the testator's statements, the date, and the place of execution, and places them in an envelope.
• The district officer, the testator, and the witnesses sign the envelope.

5. Oral Will:

• Can only be made in exceptional circumstances when the testator is unable to make a will in any other form, such as when they are in danger of death, during an epidemic, or during a war.
• The testator declares their wishes to at least two witnesses present at the time.
• The witnesses must appear before the district officer without delay and report the testator's statements, including the date, place, and circumstances of the will.
• The district officer records the witnesses' statements and has them sign the document. If they cannot sign, they can fingerprint the document and have two other witnesses sign for them.
• An oral will becomes invalid one month after the testator is able to make a will in any other form.

Additional Notes

• A will must be made by a person of sound mind who is at least 18 years old.
• A will can be revoked or amended at any time by the testator.
• If a will is not valid, the testator's assets will be distributed according to the intestacy laws of Thailand.

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