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ResourcesThailand Real Estate & Property LawTitleCan a Thai Will Be Written in English?

Can a Thai Will Be Written in English?

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Wills. We are specifically discussing whether or not they can be in English, if they can be in the English language. I get this question a lot. 

Long story short, it is possible generally speaking. To be clear, I am not a Thai Attorney. I am the Managing Director of the Firm. I am a naturalized Thai citizen. I am an American Attorney and I certainly assist in Estate and Probate matters pertaining to our American clients and Thai Attorneys assist me. They have vetted this video before putting it out and we are only talking generally here. Generally speaking, it is usually a good idea to have it in twin languages. To have it in Thai and English drafted just so, in my opinion it is best for what is called succession here or what is called Probate or Settlement of the Estate in a Common Law context because the judge presumably is going to be a Thai speaker, I mean in fact they are going to be a native Thai speaker and generally speaking Thai is the controlling language here. 

It is not so much a matter of testamentary intent. You can do it all in theory in English and then have it translated but it is best to do it all up front so that there is no question that at the time the person drafted their Will, they clearly intended to do XYZ through that Will and I think twin language helps with that because there are no issues of clarification down the road when you are looking to go ahead and process the probating of that Will.