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Testament or Last Will
Testament or Last Wil
When a person dies without having made a will, the whole of his estate shall be distributed among his statutory heirs according to the law. Under Thai law, there are only six classes of statutory heir and each class is entitled to inherit in the following order: descendants; parents; brothers and sisters of full blood; brothers and sisters of half blood; grandparents; and uncles and aunts. The surviving spouse is also a statutory heir under certain circumstances.
Normally, a probate order must be obtained from the Probate Court. Property is transferred either by will or through intestate succession, according to law. For both approaches, the court must approve the legalities of the inheritance and issue official orders appointing an executor or administrator to handle the affairs of the estate.
Probate is the court supervised administration of your assets after your death. Your "Probate Estate" comprises all the property you owned at death, which does not pass by trust or operation of law.
Since the deceased are not here to speak for themselves, the law seeks to protect both the wishes of the deceased and genuine heirs according to law. The Court will require evidence before allowing the distribution of assets of a deceased person�s property. Probate proceedings are conducted under strict court supervision to safeguard both the beneficiaries and the creditors of the estate.
A will in Thailand must meet very specific requirements for it to be considered valid. There are three broad classifications for valid wills, but persons are advised to seek an attorney before completing Last Wills and Testament as specific requirements vary. The Thai law specifies three broad categories of valid wills:
  • Wills made before public officials
  • Holographic wills
  • Validly witnessed wills
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