Last Will & Testament
Last Will and Testament is the legal document by which a person declares his wish before his death regarding the distribution of his assets between the beneficiaries. Last Will and Testament is a very important and effective document that helps to divide the assets of the descendant between his legal heirs and other beneficiaries mentioned in the will.
Last will and testament play an important role to minimize the conflict between the legal heirs of descendants regarding the distribution of assets. It also saves the time of the court and the legal heirs are also safe from any court battle. In Thailand, if any person wants to make the last will and testament then it should be according to the rules prescribed in chapter II of the Civil and Commercial Code sections 1655 to 1672.
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Types of Last Will and Testament:
1. The most effective last will and testament in Thailand is in writing by the testator in the presence of at least two witnesses. This last will and testament is the most effective and original admissible document in the court.
2. The last will and testament can also be made as a public document. The testator can make it before the public officer. The procedure to make this type of will is, the testator will express his wishes regarding the distribution of assets before the public officer, and then the public officer will write it. After writing, the public officer will read it the same as it is written on the paper. The other requirement for the public last will and testament is, the testator must be able to read and write Thai.
3. The testator can also make the secret last will and testament. In this case, the last will remain secret. The same officials in the presence of two witnesses read the last will and testament and after their signatures seal the last will and testament with the stamp.
4. If the testator has serious death threats and there are maximum chances that if the last will and document will go public the life of the testator will be in danger. In this case under the Chapter II sections 1655 to 1672 of the Civil and Commercial Code, make the last will and testament by only speaking from the mouth
5. Testator can only write the last will and testament without the help of any legal representative. The testator can write it on any local paper with his handwriting.
Witnesses have an important role in the making and execution of the last will and testament so here are the important requirements for the witnesses in the last will and testament.
1. Witnesses can be Thai resident or foreigner
2. Minor cannot be a witness in last will
3. beneficiary in the last will and his or her spouse cannot be witnesses in the last will
4. the witness should be of sound mind and the legal person without any disability i.e. blind, dumb, etc.