How Do I Contest a Will in Thailand?

Updated on Wednesday 22nd February 2017

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Numerous foreigners who decide to retire in Thailand have the possibility to prepare a last will. With suitable guidance and legal assistance from our Thai lawyers, you can find out important details about how to arrange a will or about the contestation methods of a testament settled in Thailand. Besides these aspects, one should know that he can receive complete information about the taxation system in the country and the applicable fees for an established company in Thailand.
 

Details about the will contestation in Thailand


Locals or foreigners in Thailand can create testaments before or after retiring. Such important arrangements can be contested once they are discovered. A will in Thailand contains details about the acquired properties or company shares, besides details about the financial status. Such belongings are left in the family and can be shared after the person’s death. The family members who do not agree with the details mentioned in a Thai testament are usually the persons who can contest this significant document. The entire procedure can be made in the court of justice in Thailand, where the presence of an attorney is mandatory if you want to contest a will.

First of all, the document will be properly analyzed by the authorities in charge, where details about the person who drafted the testament need to be offered, to see if the will was created with a clear mind. With solid evidence and argumentation, an individual can successfully contest a will in Thailand and can obtain the rights he requested or considered appropriate in his case. For a suitable approach in your case, it is recommended to solicit legal assistance from our lawyers in Thailand.
 

What you need to know about a Thai will


The testamentary succession in Thailand is made under the provisions of the Thai Civil Code. The inheritance will be distributed to the statutory heirs like parents, brothers, spouse and descendants. The distribution of the assets included can be made by an appointed administrator or by a Thai attorney who created the will, in front of two witnesses, according to the regulations in the country. The recognized will forms in Thailand are the following:

•    the customary form which implies two witnesses;
•    the holographic form which is a hand-written document;
•    the public sealed testament;
•    the private sealed testament;
•    the oral testament in front of two witnesses.

When creating a Thai will it is recommended to contact our law firm in Thailand for additional information in this matter.

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