Will or testament
A will is a declaration of intent in case of death regarding property Or various matters Which will cause to become effective according to the law upon death Making wills is the thing that the de cujus wishes to give to his property to anyone
The wills have specified rules and regulations. Which must be observed as follows * Very important *
1. Do it by yourself and must be 15 years of age in accordance with the Commercial Code, Section 25.
2. Not a disabled person Or an insane person By court order But the case is a person who is ordered by a court to be an incompetent person Wills Without the consent of the protector under the Civil and Commercial Code, Section 34
3. No intimidation, fraud, misrepresentation or fraud
4. authors, publishers or witnesses in wills Throughout, including spouses Cannot be a legatee
5. Wills, printed forms May sign or print a finger But can not use the seal or can not put curry
6. qualifications of witnesses in wills
6.1. Legal age
6.2. Not a mentally ill person Or incompetent person
6.3. Not being deaf, dumb or blind on both sides
6.4. The witnesses must sign their names only. Will print fingerprints or curry Or cannot use the stamp
7. must be a book dated / month / year while wills If not signed, is invalid.
8. The testator must sign the name before at least 2 witnesses at the same time.
9. 2 witnesses must sign their names certifying the testator at that time
10. scraping, removing, dropping, adding or changing other things which will not be completed Resulting in only the incomplete text filling Other parts would be able to control
11. authors of wills Must sign your name Both identified as the author If you were a witness too To write a statement stating that he is a witness at the end of his signature
Examples of property that is "not an inheritance" because it is an "after" occurrence after the death of the de cujus
» Funeral money
» Compensation for the right to receive from life insurance
» Loan withdrawal rights in accordance with the limit of overdraft loan agreements with the bank
» Special pension According to the Government Pension Act 1951
1. must belong to "own property" that already exists Or later And existed before or during his passing away
2. Total ownership is binding only to the maker
4. future property
1. House registration, identity card of the maker
2. House registration, the document of the will of the recipient
3. Identification cards of 2 witnesses
4. documents related to property such as land title deed, certificate of ownership of apartments Bank passbook Vehicle Registration Registration of firearms List of shareholders etc.
5. important documents showing name-surname change (if any)
6. PASSPORT Passport in case of a foreigner
7. marriage certificate
8. birth certificate
9. Medical certificate
Revocation of wills
The maker can withdraw all wills. Or part time at any time according to the Civil and Commercial Code, Section 1693
In the case of multiple wills, the last version is considered to be effective. As for the previous version, it was revoked.
Note : If the legatee dies before the will Wills will inevitably fall And property devolved to statutory heirs according to Section 1698 (1) and 1699
The will of the founding of trust is to make a will, give property to one person By requiring that person to have the power to manage the property given For the benefit of another person, the beneficiary is called invalid.
Sample of court judgments interesting.
Judgment of the Supreme Court No. 478/2501
The plaintiff's husband who made the will cannot take the property of the plaintiff to give to others.
Issues : In the will of giving a land for "foreigner"
In the event that the testator gives the land to a child or husband who is not of Thai nationality, this cannot be void. As for the ownership of land Must comply with the Land Code Section 94, which must first obtain permission from the Minister of Interior to hold the ownership in accordance with the conditions prescribed by law first. If not allowed Must be forced to sell within 180 days but not over 1 year
The will has the benefit of being able to specify that the trustee will sell the land and give money to the will. Because the trustee can hold the land instead of the heirs And can proceed to register the sale instead Without having to comply with complicated land laws
Judgment of the Supreme Court No. 475/2511
If the testator has the right or has a way to apply for permission to hold the land Wills are not null and void The plaintiff and the defendant are both statutory heirs of the de cujus. And entered into a compromise agreement that the defendant will transfer the land to the plaintiff under the will when there is evidence in writing signed by the defendant responsible. Therefore able to enforce the contract According to the Civil and Commercial Code, Section 1750. The plaintiff is an alien, then go to manage under the Land Code first. (The 6th Annual General Meeting)
Issues : can be assets in the future
Judgment of the Supreme Court No. 3523/2532
The will may be made in the event of death in connection with the property to be acquired in the future. When the deceased wills a message stating that the property of the deceased that exists at the time of the will or will be held in the future to the defendant solely to the defendant, so the inheritance of the deceased acquired after the deceased. Wills will naturally belong to the accused under the will.
The Thailand Civil and Commercial Code Relevance
Section 1656 Wills Can do as follows That is to say, must be written down while making up. And the testator must sign in front of at least 2 witnesses at the same time. The witnesses must sign their names certifying the testators at that time
Scraping, removing, dropping, filling, or other alterations which will Inevitably incomplete Except to comply with the same precedent as making a will under this section
Section 1670 The following persons Cannot be a witness to his will
(1) People who are not yet of legal age
(2) Insane person Or the person ordered by the court to be a person like incompetent
(3) Persons who are deaf, dumb or blind to both eyes
Section 1686 Regarding that Trust Will be established directly or indirectly By will or by any act Which has effect during life or when death is good without effect, except by virtue of the provisions of law for the establishment of trust only
Section 1693 A will be made by the will of the will Or in part at any time
Section 1698 A will will be made by the will
(1) when the testator dies before the testator
(2) When the will is valid if one of the conditions is fulfilled And the testator dies before the conditions are fulfilled Or it appears to be certain that such conditions cannot be fulfilled
(3) when the will declares the will
(4) When all the property has been lost Or be destroyed by the testator inadvertently while the testator is still alive And the testator has not acquired the substitute Or the right to claim compensation for lost property
Section 1699 Will the will or the will of the will Regarding any property is in vain for any reason Such property devolves on the statutory heirs or the land, as the case may be.
Section 1623 Property of the monks acquired during the time of the monkhood When that monk died, it became the property of the temple that was the domicile of that monk. Except that monks will be disposed of during life or by will
Additional Advice from Lawyers
1. Video clip should also be taken in signing the will
2. Intent to be given during life Not considered a will
3. Many people can make a will on the same document.
4. can specify other matters that are not related to the property, such as appointing a trustee Establishing the parent of a minor child Establishing a guardian of the estate, managing the bodies, or dedicating the bodies etc
5. testator whose spouse is a foreigner In the case of purchasing a condominium during the legal marriage registration The suite is considered a married property. Even with the Thai name as the sole proprietor If dying without wills The aforementioned apartments must be shared with foreign spouses first half The other half is devolved to statutory heirs
6. wills can give property to anyone In the case of giving to a foreign spouse Regarding real estate such as land, houses, even if able to give But foreigners are unable to own Because the land law does not allow Only need to be sold And bring money to foreigners But if wanting foreigners to use the land and houses, there is a solution by means of registering the living and usufruct rights to foreigners To have the power to possess and consume throughout life By will making the right of the person who will receive the inheritance in the land and house To be the trustee And has the duty to carry out the registration of usufruct for life without compensation. Comparable to the Judgment of the Supreme Court No. 7199/2552
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