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ResourcesThai Civil and Commercial CodeBook6Book VI Succession Title III Wills Chapter V Revocation and Lapse or Clause in a Will

Book VI Succession Title III Wills Chapter V Revocation and Lapse or Clause in a Will

Page: 230

Section: 1689 - 1699

Section 1689.- With the exception of such persons as are specified in Section 1557 of this code, any juristic or natural person of full capacity may be appointed a controller of property.

 

Section 1690.- A controller of property may be appointed by :

                  (1) The testator himself ;

                  (2) A person nominated for the purpose in the will.

 

Section 1691.- Unless otherwise provided in the will by the testator, a controller of property may appoint by will another person to act in his stead.

                 

Section 1692.- Unless otherwise provided in the will by the testator, the controller of property shall have, as regards the property entrusted to him, the same rights and duties as a guardian within the meaning of Book V of this Code.

 

CHAPTER V

REVOCATION AND LAPSE OF A WILL OR CLAUSE IN A WILL

 

Section 1693.- A testator may at any time revoke his will wholly or partly.

                 

Section 1694.- If a former will is to be revoked wholly or partly by a latter will, the revocation is valid only when the latter will is made in any of the forms prescribed by law.

 

Section 1695.- Where a will is embodied in one document only, the testator can revoke it wholly or partly by intentional destruction or cancellation.

Where the will is embodied in several duplicates, such revocation shall not be complete unless it is effected in all the duplicates.

 

Section 1696.- A testamentary disposition is revoked if the testator has intentionally made a valid transfer of the property which is the subject of the will.

The same rule applies if the testator has intentionally destroyed such property.

 

Section 1697.- Unless the testator has otherwise made a declaration of intention in his will, if it appears that a former and a latter will conflict, the former is deemed to have been revoked by the latter only as to the parts in which their provisions conflict.

 

Section 1698.- A testamentary disposition lapses :

                  (1) If the legatee dies before the testator ;

                  (2) If the testamentary disposition is to take effect on a condition being fulfilled and the legatee dies before its fulfilment, or it becomes certain that the condition cannot be fulfilled ;

                  (3) If the legatee refuses the legacy ;

                  (4) If the whole property bequeathed is, without the intention of the testator, lost or destroyed during his lifetime and te testator has not acquired a substitute or a claim for compensation for the loss of such property.

 

Section 1699.- If a will or a clause in a will as regards any property has no effect for any reason whatsoever, such property devolves on the statutory heirs or the State, as the case may be.