Samui Phangan Real Estate Magazine April-May

that your property be distributed to the following people according to a set formula: spouse; children; parents;
siblings; grandparents; aunts/uncles.
Only true legally valid spouses are permitted to share in one’s estate according to intestate succession. Therefore,
without a valid Thai Will, common law spouses and long-time partners will be totally disinherited of your Thai
estate. It is also highly recommended that you consult a lawyer in the jurisdiction of your home or domicile, in
order to properly address any movable assets located in Thailand.
Subject to certain alternatives, in order to be valid, your Thai Will must be in writing, dated, signed, and witnesses
by at least two other people, and should be executed within Thailand. While this process appears to be relatively
simply, you should retain a legal professional to advise you on your Will. The law pertaining to the interpretation of
Wills is complex, and requires adherence to specific language.
2. SELECT YOUR ExECUTOR WISELY
In your Will, you must appoint an “executor”, who will gather and distribute your assets when you die. It is generally
imprudent to simply name a sibling or close friend as executor, simply because you trust that person. Often, the
executor must come to Thailand, liaise with lawyers and Thai officials, and execute an abundance of Thai-language
documents, and your executor should have the capacity to deal with these issues, in addition to being trustworthy.
You may have to consider other options, such as naming a law firm or another company to act as your executor.
3. CHECK YOUR CONTRACTS
In Thailand, contract rights, including certain leasehold rights, generally terminate upon the death of the entitled
party, and may not automatically pass onto their estate. However, in certain cases, you may include a clause into
any contract explicitly providing that your entitlements will pass onto your heirs.
Therefore before entering into a long-term contract, such as a long-term lease, it is important to ensure that
the contract contains a clause directing that your rights will pass to your heirs. You should also review existing
contracts for the same clause, and if that clause is missing, then it is recommended that you take steps to amend
the contract.
4. REVIEW PERIODICALLY
It is important to review the foregoing matters with your legal counsel periodically and after you acquire additional
assets. The laws in any country may change on occasion, often without notice to the general population. Therefore
it is imperative that you routinely ensure that you testamentary wishes are still protected.
This article is intended to provide a brief overview of estate planning for international residents and travelers in
Thailand. As in any jurisdiction, it is important to seek independent legal advice in order to address your specific
proprietary interests and testamentary wishes.
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