How do you do a will? why do you need it?

Will

Most Thais generally aren’t interested in making a will because they see it as complicated, expensive to hire a lawyer.Alternatively, they may perceive it positively, believing that their children and grandchildren will love each other and not quarrel over inheritance. However, from my experience handling inheritance cases for nearly 10 years, I want to say, “You’re mistaken.”

table of contents

Importance of Wills
Will Requirements
Age and Wills
Will Forms

Importance of Wills

   Having a will allows us to ‘specify’ who will inherit our property. Sometimes, the people we want to inherit are not our biological children or grandchildren, but those who have treated us well in our later years. Conversely, if our children or grandchildren have mistreated us to the extent that we do not want them to receive anything from us, ‘specifying’ these matters requires us to make a ‘will’.

   The law cannot determine who should or should not inherit from us. However, it can intervene in cases of severe misconduct, such as physical harm or illegal activities committed against us by our children or grandchildren.
In legal terms, inheritance is not always divided logically. For example, if there is a single fruit orchard or a house with land, but there are three heirs entitled to inherit according to the law, it can become a headache to decide how to divide the inheritance.

   Therefore, it often leads to resorting to selling the assets, dividing the proceeds, or even taking legal action, as some siblings may wish to retain their parents’ belongings and refrain from selling them.

   It’s no wonder that descendants and heirs end up in court battles over inheritance almost every day. In reality, there are many behaviors that make us reluctant to pass on our assets. For example, neglecting us in old age or others who may seem more deserving of inheritance, such as business partners or company employees who have overcome obstacles together for many years.

Will Requirements

If we have decided to make a will, today I will provide simple recommendations for documents and steps.

1. Copies of my own and the intended heir’s national identification cards.
2. Documents related to those assets, such as copies of bank account statements, land title deeds, share certificates.
3. Computer, printer.
4. Two witnesses (who are not mentioned in the will).
5. A pen (blue ink).

Once everything is prepared, you can begin.

– Draft the will: Clearly state the “date” it was written and describe who you are, what assets you have, and what you will bequeath to whom.
– Print and sign: Then print it out and sign it with intention. Also, have two witnesses sign it as well.
– The will must have two witnesses who are not beneficiaries sign as witnesses. Otherwise, it will be legally invalid and cannot be enforced.
– Keep it safe: Finally, make sure to keep the will safe and secure to prevent it from getting lost. With this, you’ll have a complete and valid will.

Age and Wills

   What age can you start making a will and at what age do you lose the right to make a will?

   According to the law, once a person reaches the age of 15, they are considered legally competent and can make a will. This law aligns with the current circumstances where younger individuals can earn money and acquire assets at an early age. Additionally, accidents can happen at any time, so it’s better for younger individuals to have a will in place gradually.

   Some parents may not raise their children or grandchildren, and if they want them to inherit, they need to consider their options carefully. Therefore, the law setting the age of 15 as the minimum age to make a will is reasonable and makes sense. There is no upper age limit for making a will under the law, meaning that individuals of any age can create a will as long as they have the mental capacity to do so.

Will Forms

I have briefly mentioned above about the documents that are at least required in making a will and the steps involved. Today, I will specify what is “essential” in a will according to the law.

1. Date
2. Details of the testator (copy of ID card).
3. Location for making the will such as House number
4. List of assets: What assets are included
5. Details of bequests: Which assets are being bequeathed to whom
6. Executor: Specify who will be the executor of the will.
7. Signature along with two additional witnesses.

   In addition, I would like to add one more thing that is not legally required but is a classic and definitive form of identification, which is

Last words that I want to give to my children, grandchildren, and relatives

   When I open the will and read this final part to my descendants, there will be some heartfelt words, perhaps some admonitions, and additional explanations as to why the estate is divided in this manner, so that my children and grandchildren can understand the intention behind it. This will help them better understand the deceased and foster harmony among them.

   I hope this article will be beneficial to all of you. You can make your own will following the details provided above. However, if you are unsure, you can contact us to have your will prepared or reviewed.

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