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SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM
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1. Type of System 1. Type of System
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2. Wills 2. Wills
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Holograph Will Holograph Will
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Will Made at the Amphur Will Made at the Amphur
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Secret Will Secret Will
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Oral Wills Oral Wills
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Loss of Validity of Oral Will Loss of Validity of Oral Will
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Fingerprint of Testator/trix Fingerprint of Testator/trix
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Wills of Thai Persons Made outside Thailand Wills of Thai Persons Made outside Thailand
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Disclosure of Will to Witness Disclosure of Will to Witness
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Wills Made during Wartime Wills Made during Wartime
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Revocation of a Will Revocation of a Will
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3. Intestacy 3. Intestacy
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4. Freedom of Testation 4. Freedom of Testation
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5. Maintenance 5. Maintenance
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6. Community Property between Husband and Wife 6. Community Property between Husband and Wife
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7. Joint Property 7. Joint Property
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8. Gifts (Inter Vivos) 8. Gifts (Inter Vivos)
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9. Capacity 9. Capacity
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10. Authority (Court, Notarial, or Other) 10. Authority (Court, Notarial, or Other)
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11. Invalidity of Will 11. Invalidity of Will
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12. Simultaneous Death 12. Simultaneous Death
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13. Presumption of Death 13. Presumption of Death
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14. Estate Taxes 14. Estate Taxes
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Inheritance Tax Inheritance Tax
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Taxes on Gifted Property Taxes on Gifted Property
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15. Administration of Estates 15. Administration of Estates
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16. Domicile/Nationality 16. Domicile/Nationality
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17. Charitable Giving 17. Charitable Giving
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SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED
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1. Jurisdiction 1. Jurisdiction
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2. Applicable Law 2. Applicable Law
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3. Foreign Succession/Inheritance Orders 3. Foreign Succession/Inheritance Orders
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4. Two or More Succession or Probate Orders 4. Two or More Succession or Probate Orders
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5. Assets 5. Assets
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6. Expert Evidence 6. Expert Evidence
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7. Unity of Succession 7. Unity of Succession
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8. Formalities 8. Formalities
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9. Hague Convention 9. Hague Convention
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10. Wills 10. Wills
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11. Domicile/Nationality 11. Domicile/Nationality
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12. Taxation 12. Taxation
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Cite
Abstract
This chapter emphasizes that Thailand is a civil law country whose fundamental laws are to be found in five codes: the Civil and Commercial Code, the Criminal Code, the Civil Procedure Code, the Criminal Procedure Code, and the Revenue Code. It argues that the rules relating to wills are complex in that some wills must be made in writing and duly signed and witnessed in order to be enforceable, and in some cases, an oral will may be valid. The chapter then outlines the formalities for different types of will and describes the order of succession in cases of intestacy. It stresses that a natural person is an heir if he or she has legal personality, is alive, or is en ventre sa mère and is born alive within 310 days of the death of the testator/trix. This chapter also examines the compulsory shares for married or unmarried spouses or children (whether legitimate, illegitimated, adopted, adult, or minor). It then explores the contract of inheritance made prior to death, the concepts of partition, anticipation, successor, or family settlement and the claiming of maintenance from the estate by certain categories of claimant.
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