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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: 226

Section: 1659 - 1664

Section 1659.- A will made by a public document may, upon request, be made outside the Amphor Office.


Section 1660.- A will may be made by a secret document, that is to say :

                  (1) The testator must sign his name on the document ;

                  (2) He must close up the document and sign his name across the place of closure ;

                  (3) He must produce the closed document before the Kromkarn Amphor and at least two other persons as witnesses and declare to all of them that it contains his testamentary dispositions ; and if the testator has not written with his own hand the whole text of the document he must state the name and domicile of the writer ;

                  (4) After the Kromkarn Amphor has noted down upon the cover of the document the declaration of the testator and the date of the production and has affixed his seal thereupon, the Kromkarn Amphor, the testator and the witnesses must sign their names thereon.

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


Section 1661.- If a person who is deaf-mute or unable to speak desires to make his will by a secret document, he must instead of making the declaration required in Section 1660 (3) write with his own hand, in the presence of the Kromkarn Amphor and of the witnesses, on the cover of the document, a statement that the enclosed document is his will and add the name and the domicile of the writer of the document, if any.

Instead of noting down the declaration of the testator on the cover, the Kromkarn Amphor shall certify thereon that the testator has complied with the requirements of the foregoing paragraph.


Section 1662.- A will made by a public document or by a secret document shall not be divulged by the Kromkarn Amphor to any other person during the lifetime of the testator, and the Kromkarn Amphor is bound to hand over such will to the testator whenever the latter shall require him to do so.

If the will has been made by a public document, the Kromkarn Amphor shall, before handing over such will, make a copy thereof under his signature and seal. Such copy may not be divulged to any other person during the lifetime of the testator.


Section 1663.- When under exceptional circumstances such as imminent danger of death, or during an epidemic or war, a person is prevented from making his will in any other of the prescribed forms, he may make an oral will. For this purpose, he must declare his intention regarding the dispositions of the will before at least two witnesses present at the same time. Such witnesses must without delay appear for the Kromkarn Amphor and state before him the dispositions which the testator has declared to them orally, as well as the date, place and exceptional circumstances under which the will was made.

The Kromkarn Amphor shall note down the statement of the witnesses and such two witnesses shall sign the statement or, failing that, may make an equivalent to signature only by affixing a fingerprint certified by the signatures of two witnesses.


Section 1664.- A will made under the foregoing section loses its validity one month after the time when the testator has again been placed in a position to make a will in any other of the prescribed forms.