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Testament or Last Will
Testament or Last Will
Forms Of Will
A Handwritten Will
The testator may handwrite the will and date and sign it. Fingerprints are optional. The testators handwriting serves to authenticate this will, so attesting witnesses are not required. Although not required for a handwritten will, it is recommended that witnesses be obtained.
A Regular Will
This kind of will is written in the form of a letter that can be handwritten or typed. It needs to be dated and the testator must sign it in the presence of two witnesses. If fingerprints are used as identification by the testator the will, there must be two additional witnesses to the fingerprints.
A Civil Documented Will
The testator must go to a district office (amphur) with two witnesses and make a request to an official to write a will. The government official will record the intent of the testator then read it back to him for verification. The testator signs the will and the witnesses then sign the document attesting to its authenticity. The official then signs and dates the will and adds a stamp or seal as evidence. The testator may sign to receive the will that has been recorded, or it can be left on file at the district office.
A Secret Will
The testator can handwrite the will or can ask someone else to write it, but the will must contain the signature of the testator. The will has to be sealed in an envelope with the signature of the testator on the envelope seal. The testator must take the sealed envelope to the district office with two witnesses and confirm ownership of the will to the district officer. The district officer will record the statements and date the envelope with a government stamp. The testator and the witnesses sign their names on an appropriate place on the envelope. The will can be kept by the testator or left on file at the district office.
An Oral Will (Special Case)
This form of will is allowed in circumstances where other forms of a will cannot be made, such as when the testator is in great personal danger, is close to death, or during a war or an epidemic. The testator must declare intent in the presence of two witnesses. The two witnesses must appear in front of a district officer as soon as possible and relay the statement made by the testator to the officer with the date and location where the statement was made. The district officer will make a record of the statement made by the two witnesses and they sign their names in confirmation. If fingerprints of the two witnesses are to be recorded, there must be two additional witnesses to this process.
If you plan on making a will at a district office, you need to bring a land deed (if you have one), a Thai citizen’s ID card, and house registration, or a passport if you are a foreign national. The fees for making a will at the district office are minimal.
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