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ResourcesThailand Real Estate & Property LawTitleCan a Thai Will Be Used in Another Country?

Can a Thai Will Be Used in Another Country?

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Wills so we are discussing Wills that are basically signed and formalized per the laws, relevant Statutes of the Kingdom of Thailand.

I get a question a lot, "Can a Thai Will be used, usually I see this in the context of the US, can it be used in the USA?" My answer to that is, well that depends on your definition of a Thai Will. A Thai will, a will that is in compliance with Thai formality and to be clear I am not a Thai Attorney. I am a naturalized Thai citizen and I am an American attorney, I am the Managing Director of the firm but I liaise with the Thai legal staff and oftentimes we do these probate matters, these bi-national probate matters in conjunction with one another where I am dealing with the Thai legal team and we are also dealing with drafting American instruments simultaneously. It depends on your definition of a Thai will. An instrument may be drafted in compliance with Thai formalities associated with what they call succession in Thailand or probate, and at the same time, it may also be in compliance with relevant state law in a given US state or perhaps depending on federally how that may shake out.

Long story short, it depends on the facts and I know I am kind of a broken record with that. Some of our long time viewers will tell me, "it depends on the facts, it always depends on the facts."  Well it is like a dragnet, just the facts. That is kind of the answer in a broad sense. 

Now we have seen Wills drafted where they have been used. I have seen them probated both in an American Court and then come over here and reviewed by the Thai Courts and vice versa where it is dealt with here and it goes over to America. Again the facts of the case are going to drive that and it is going to be situationally dependent.