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Legal Update April 2011
Will and Living Will in Thailand
Why should I make a Will? Everyone needs a Will. If you are married with children, a couple living together or even just single, it is vitally important that you have an up to date Last Will & Testament in place. Some people forget to update their Wills which means they could be contested. Your money could go to people it was not meant to and the whole process could well be subject to serious delays. Even if the right people do get what they are entitled to, it could take years for them to receive what is rightfully theirs. It is also very important to have a Will for your assets in Thailand and another one for what you own overseas. Here are the reasons why you need a Will: R5 )5 &&)153)/5.)5 # 51")5 ( Ĺ€.-5 ,)'53)/,5 -. . 85 (35* )*& 5 "))- 5.)5" 0 5 5Äť #51#&&5 , . 5#(5), ,5.)5 (-/, 5." #,5&)0 5)( -5#(5 Thailand will receive their inheritance on appropriate terms R To allow you to decide on the guardianship of your children in Thailand R To avoid any unnecessary dispute between your family in Thailand and your relatives elsewhere R5 )5 0)# 5 & 35*,) . 5*,) #(!5#(5Äť #& ( 85 ),5 (5 2* .65#' !#( 5")15 #Ĺƒ /&.5#.51)/& 5 5 ),53)/,5 '#&35# 53)/5 # 51"#&-.5&#0#(!5 ,) 85 )151)/& 5." 35 )* 5# 53)/5" 0 5" 53)/,5 )/(.-5 ,)4 (5/(.#&5*,) . 5" -5 #(!5-),. 5)/.65."#-5 )/& 5 5 (31" , 5 .1 (5-#25')(."-5 ( 5 many years
Legal Update April 2011
Why should I have a Thai Will?
According to section 9 and section 40 of Conflict of Law Act B.E. 2481, if you have made a Will in Thailand or your real estate (i.e. condominium) is located in Thailand then Thai laws will be applied. This is the main reason why you should have a Thai Will to cover each and every asset in Thailand. Under Thai law, if you become deceased without a valid Thai Will in place, your assets will be divided up using six classifications, listed in order of Thai inheritance priority: 1. Spouse (50%) and children (equal share of residue) 2. Parents 3. Brothers and Sisters of full blood 4. Brothers and Sisters of half blood 5. Grandparents 6. Uncles and Aunts Note that if you do not have any of the above and also no valid Thai will, all your assets will devolve on to the State. Therefore, we strongly recommend creating a Thai Will to cover all of your properties and assets in Thailand. For a foreigner who owns real estate through a Thai Company, the assets will not just simply be passed on to your beneficiaries. Your heirs will receive shares of the Company, instead of the actual real estate which involves complicated legal documents. Likewise, if you own real estate through your Thai wife or partner, you should ask your Thai wife or partner to make a Thai will to devolve the real estate back to you. Furthermore, for the foreigner who owns real estate under a leasehold structure, the lease agreement will be terminated once the lessee dies so you should ensure that there is a succession clause to allow you to assign your rights to your beneficiaries. However, you should still make a Thai Will to make clear your intention to pass on such rights to your loved ones.
Living Wills in Thailand
MBMG Will writing service
Living Wills are instructions given by individuals specifying what actions should be taken for their health in the event that they are no longer able to make decisions due to illness or incapacity, and appoints a person to make such decisions on their behalf. A Living Will is a form of advance directive – leaving instructions for treatment et al.
Initially, what our Law team would do is have a detailed meeting with you to find out the exact details regarding your personal circumstances and situation. We will take you through, step by step, all aspects of the whole process. You will then understand the tax, legal and financial implications of creating a Will. We will ensure everything is explained to you clearly and verify you understand everything about what you are placing into your Will. Deciding what happens to your assets after you pass away is not easy, especially when living abroad, so allow MBMG Law team to make it that much easier for you and your loved ones.
For Thailand, a Living Will was recognized by the Health Act of 2007. On 6th October 2010, Ministerial Regulations were put in place for principles and procedures to be adhered to when a hospital or a doctor received a Letter of Intent indicating that the signee of the aforementioned Letter would not request care from the public health service just to prolong life unnecessarily. Basically, it must be stressed that there are many regulations and conditions which must apply if you would like to make a Living Will in Thailand.
Should you have any questions or queries regarding Will or Living Will in Thailand, please do not hesitate to contact us.
Contact: Mr. Thammarat Sangchan Attorney-at-Law Tel: +66(0)2 665 2534-9 ext. 111 E-mail: thammarat@mbmg-internaitonal.com Ms. Suchada Fah-aroon Attorney-at-Law Tel: +66(0)2 665 2534-9 ext. 112 E-mail: amp@mbmg-international.com
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L AW O F F I C E
Disclaimer: Disclaimer: This publication has been prepared for general information only. MBMG Law Office Co., Ltd. make no warranty, representation or undertaking whether expressed or implied, nor does it assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information. All right is reserved.