The Social Lawyers
International Law Firm
Notarial Services Thailand
The importance to properly draw a
The Thai law grants us vast powers of discretion as to how to dispose of our assets. In Thailand, we can freely dispose of our assets by the last will (testament), with the sole exception of the goods acquired during a marriage registered marriage in the communion of assets.
(This rule will not apply if, at the moment of the marriage, you register a well detailed prenuptial agreement.)
In fact, if we are married, half of the patrimony acquired after marriage technically already belongs to the spouse and will be automatically assigned to her or him.
The remaining half of the patrimony if you are married, or the totality of it if you are single or divorced, can be bequeathed to anybody without restrictions. In other words, you can "disinherit" your children or anybody else and freely decide to whom to bequeath your properties without any limits.
Although Thai law indeed gives us these extensive powers of discretion which would be unthinkable in the majority of Western countries, when it comes to taking possession of an inheritance, things are not as easy as they might appear. If we genuinely care about our loved ones who will survive us, we had best be extremely prudent and provident "before" our passing and draw a proper Last Will (Testament) with the help of our Lawyer in Thailand.
Besides, in the last will, you can pre-appoint an EXECUTOR. The executor is of paramount importance in Thailand as he/she has the power "de facto" to assign the estate.
The nomination of an Executor is essential to take possesion of a Heritage (Inheritance) in Thailand. For more info