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The Testator is the individual for whom the Last Will and Testament has been or shall be drawn up. The Testator owns assets and/or cash in Thailand, and wishes to secure the distribution of said assets and/or cash in a specific, cost effective and non-stressful manner in the event of the Testator’s passing.

Thailand has laws that require anyone who is in possession of the deceased’s will to file it with the Court as soon as reasonably possible. An application or petition to open Probate of the estate is usually executed at the same time.

The hearing gives all concerned an opportunity to object to the will being admitted for probate, perhaps because it wasn’t drafted properly or because someone is in possession of a more recent will thus, superseding any/all previous wills. Someone could also object to the appointment of the Personal Representative nominated in the will to handle the deceased’s estate.

One or more of the will’s witnesses may be required to sign a sworn statement or testify in court that they watched the decedent sign the will and that the will in question is indeed the will they saw signed.

Otherwise known as an executor or an administrator, the Personal Representative is responsible for administering the Testator’s Last Will and Testament in the event of his/her passing. The Personal Representative is the person or persons [can be more than one], who the Testator has entrusted with the responsibility of getting his/her affairs in order like:

• • contacting the immediate and/or extended family and friends and,
  • informing the embassy [of the Testator’s home country] in Thailand and,
  • lodging Probate of the will in court and,
  • obtaining the death certificate and,
  • organizing release of the body [unless investigations are still pending] for cremation [in a Wat/Temple] or repatriation [to a nominated country] and,
  • distribution of the bequeathed items and residual [remainder] of the estate, as stated in the valid [and signed] will.

In the event that your Thai partner [girlfriend or wife] has most of your estate in her name, for ‘simplicity’ purposes and, your girlfriend/wife does not have a valid Last Will & Testament in Thailand then, there are six (6) classes of Statutory Heir(s) who shall become entitled to inherit her estate before you:

1. 1. Descendants
   2. Parents
   3. Brothers and Sisters of full blood
   4. Brothers and Sisters of half blood
   5. Grandparents
   6. Uncles and Aunts
   7. The Surviving Spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

Note: As you might conclude from the list above, as your late girlfriend/wife’s boyfriend/husband, you appear last [seventh] on the ‘pecking order’.

It is strongly recommended to make a will that is as precise as possible in order to facilitate the procedures for the Heirs but also to avoid contestation. In order to do so, several documents will be required during the drafting and signing process, such as property title deeds, bank, car and/or motorbike books as well as passports and/or ID cards of ALL Heirs. At Samui Law Firm, we always recommend you designate at least TWO (2) Tiers of Heir:

1. 1. First (1st) Tier: being the immediate heir or heirs [more than one], to whom you have designated your estate and,
   2. Second (2nd) Tier: being the second-in-line heir or heirs [more than one], to whom you have designated your estate in the event that your immediate [1st Tier] heir or heirs [more than one] do not survive you.

Any/all properties that can be legally held in Thailand, such as a villa, condominium, car, motorbike, bank deposits, shares, gold or properties under construction with contracts of sale and purchase or lease can be included in a will and, there is no limit in value.

During the preparation of your Last Will and Testament in Thailand, you will be required to nominate specific, high value, or high importance [sentimental value] assets and/or cash that you desire to pass to a specific heir or heirs [ie: split between two (2) of more heirs] – Items to Bequeath. This is important because it allows the Personal Representative [the Administrator] of your estate, to clearly identify the individual [or individuals] who are intended to receive said asset(s) and/or cash, particularly when other parties may contest your wishes without a valid will.

Inheritance Tax is levied at different rates, depending on the relationship between the heir and the deceased Testator. Tax is levied at a flat rate of five (5) percent if the heir is a direct ascendant or descendant of the deceased. Inheritance of the spouse is exempt from Inheritance Tax. Inheritance tax is levied at a flat rate of ten (10) percent for all other heirs ONLY when/if the deceased estate is valued at one hundred (100) million baht or more.

However, properties which are acquired as a gift or inheritance are subject to capital gains tax and are assessed separately. Capital gains tax is imposed at the standard income tax rates. If the property was acquired as a gift or by inheritance, fifty (50) percent of the proceeds [selling price or market value] are deductible as expenses. The balance or other fifty (50) percent of the proceeds will be divided by the number of years the property was held, whereby the outcome is taxed at the appropriate tax rate. The resulting average tax liability will then be multiplied by the number of years the property was held to arrive at the final tax liability.