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ResourcesThai Civil and Commercial CodeBook6Book VI Succession Title III Wills Chapter II Forms of Wills

Book VI Succession Title III Wills Chapter II Forms of Wills

Page: 225

Section: 1652 - 1658

Section 1652.- A ward cannot make a legacy in favour of his guardian or in favour of the spouse, ascendant or descendant or brother or sister of his guardian until the rendering of the account of the guardianship provided by Section 1577 and following of this Code is completed.

 

Section 1653.- The writer of the will or a witness thereof cannot be a legatee under such will.

The foregoing paragraph shall also apply to the spouse of such writer or witness.

The competent official recording the statement made by witnesses under Section 1663 is deemed to be a writer within the meaning of this section.

 

Section 1654.- The capacity of the testator must be considered only as at the time when the will is made.

The capacity of the legatee must be considered only as at the time when the testator dies.

 

CHAPTER II

FORMS OF WILLS

 

Section 1655.- A will may be made only in any one of the forms prescribed in this Chapter.

 

Section 1656.- A will may be made in the following form, that is to say, it must be made in writing, dated at the time of the making of the will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator.

No erasure, addition or other alteration in such will is valid unless made in the same form as prescribed by this section.

 

Section 1657.- A will may be made by an holograph document, that is to say, the testator must write with his own hand the whole text of the document, the date and his signature.

No erasure, addition or other alteration in such will is valid unless made by the testator’s own hand and signed by him.

The provisions of Section 9 of this Code shall not apply to a will made under this section.

 

Section 1658.- A will may be made by a public document, that is to say :

                  (1) The testator must declare to the Kromkarn Amphor before at least two other persons as witnesses present at the same time what dispositions he wishes to be included in his will ;

                  (2) The Kromkarn Amphor must note down such declaration of the testator and read it to the latter and to the witnesses ;

                  (3) The testator and the witnesses must sign their names after having ascertained that the statement noted down by the Kromkarn Amphor corresponds with the declaration made by the testator ;

                  (4) The statement noted down by the Kromkarn Amphor shall be dated and signed by such official who shall certify under his hand and seal that the will has been made in compliance with the foregoing Subsections 1 to 3.

No erasure, addition or other alteration in such will is valid unless signed by the testator, the witnesses and the Kromkarn Amphor.