No one likes the idea of preparing a Last Will and Testament and we get that, but we feel there is something more important that goes hand in hand, and that is a Living Will. Both are essential documents and the reality is you should have both of them. Many law firms talk about Last Wills and Testaments but rarely do you hear lawyers talk to you about a Living Will. So what is a Living Will? It is a document that gives Power of Attorney to an individual to carry out your healthcare needs in the event you suffer an injury which incapacitates you.
Preparing Your Living Will
As explained earlier, this much ignored document is essential. A Living Will gives Power of Attorney to a trusted person (Agent) to execute your wishes when you cannot. The Living Will can contain your healthcare instructions to your Agent. In most cases instructions are not required because you trust your agent to do the right thing. Here is what we need in order to prepare a Living Will;
- Required - Your Personal Informaion
- Required - Personal details of your Living Agent
- Required - Personal details of a back up Living Agent (in the event the first one is unwilling or unable to serve)
- Optional - Any Special Conditions (ie. DNR Instructions)
- Required - Personal Details of 2 Witnesses
The Thai Civil and Commercial Code - Wills - Section 1646
Declaration of Intention
"Any person may, in contemplation of death, make a declaration of intention by will, concerning dispositions as to their property or other matters which shall take effect according to the law, after their death."
Preparing A Last Will and Testament
Below you will find our requirements to draft your Last Will and Testament;
- All your personal details including a copy of the picture page of your passport
- Name an Executor and provide all their personal details (* see special note 1)
- Name your Beneficiaries and provide all their personal details (* see special note 1)
- Name a guardian for any minor or dependent children (* see special note 1)
- List all your assests and provide details as to which Beneficiary gets what. (** see special note 2)
- A medical certificate (*** see special note 3)
- Signatures (**** see special note 4)
* Special Note 1 - Please include copies of the picture page of their passports or Thai ID cards
** Special Note 2 - Please make 100% sure that you include copies of any title deeds to property, copies of any Bank accounts, all assests must be clearly documented to avoid any problems.
*** Special Note 3 - In some cases you may be required to provide a medical certificate that indicates that you are of sound mind and body. This maybe required if we suspect that you may not be in a position to fully understand what you are doing.
**** Special Note 4 - At the signing of the will you will require the signatures of 2 witnesses and they must provide copies of the picture page of their passports or Thai ID cards. Also if the will is drawn up professionally it will need to be Notiorized. This means a notary would have to witness the signing of the will by all parties.
Finalizing Your Last Will and Testament
We advise that you keep your living will and last will and testament somewhere safe, and to advise your heirs as to its location.
Regarding the living will, we usually adise that a bank account is opened and some spending money is put into that account. The passcode and ATM card can be attached to the living will. This is done so that the Agent can take care of some immediate needs.
You should also understand that regardless of the contents of the will, when you die your death must go to Probate first before any assets can be distributed. In Thailand only a court can give authorization to the executor, so that they can execute your last will.
A Few Words About The Executor & Probate
Your Executor - Thai Law requires that your Last Will and Testament name a person to execute your Last Will. This executor can be anyone as long as all of the heirs consent or the Executor is appointed by the Deceased through the Will and Testament. Once the Executor has been found, the Executor must file to obtain the Probate Order from the court. Here is how its done;
- Preparation of the application by a licensed Thai lawyer
- File the application in Court
- Preparing the testimonial of the Executor for examination in Court
- Executor appears in Court for their Examination Hearing
- Court will decide if the Executor can proceed
- If yes the court will then issue the Probate Order on the same day as the Examination Hearing
- The official order will be sent to the Executor within 30 days
- ONLY after the Probate Order is in the hands of the Executor can the Executor begin to execute the Last Will
EXTREMELY IMPORTANT - The Family Law consultants at Professional Corporate Services believe that having a Living Will and a Last Will & Testament are extremely important to you and your family either in Thailand or abroad. Thus we strongly suggest that You consult with one of our professionals to review your needs. And please remember the 1st consultation is totally FREE of any charges, so don't hesitate to Contact Us. You can use the simple form below. We are looking forward to serving you!
Contact PCS
Our Address
253 Sukhumvit 21 Road (Asoke), 25th Floor
Email Us
contact@pcsthai-1.com
Call Us
+66 2 109 5160