Transcript of the above video: 

As the title of this video suggest, we are discussing the different types of Wills in Thailand. There are actually different types of Wills that can be formalized in Thailand, most notably, one that I've talked about somewhat at length is what is called a Holographic Will which that's like a handwritten Will. That type of thing is recognized under Thai Law as I understand it, but I have discussed that with attorneys here in our office, colleagues of mine and they have said, "look, the reason Holographic Wills exist is it's for exigent need”. Somebody, they couldn't get to a Law Office, they couldn't get to some place where they could get something kind of formalized up, so they basically just hand wrote a Will, signed it and that was that, and under the circumstances, Courts will take that under advisement when making a decision whether or not it's a valid testamentary instrument. Many times the Courts will say it is if it comports with the formalities under Thai Law.

That said, there are other ways of doing things. For example, a standard Will witnessed by two folks, two people that is notarized and properly formalized, that can be dealt with that way. Also there's what I call a Sealed Will which you can basically put on file with a local, basically the local district office, or the Amphur Office, if you're out in the provinces. Here in Bangkok it's called the Khet Office; it's also possible to do it through there. Now for foreigners, usually a standard Will that is just witnessed and notarized will do the trick.

That being said, under certain circumstances, we have dealt with matters pertaining to Holographic Wills. Generally speaking it's not a particularly good idea to intentionally make a Holographic Will if you have other options because for a variety of different reasons, it doesn't meet the same thresholds of formality and that can be a real issue when you're going into what we call in the Common Law vernacular Probate; what they refer to in the Thai vernacular, succession; it can be an issue when you are dealing with a Holographic Will. Sealed Wills generally speaking sort of operate on par with standard formalized Wills that are notarized etc. Basically, in the event somebody passes away you have got to go get that document, go get it to the Court, process it through, get a Court Order and then start dispersing the estate. So basically, those two kind of work as a practical matter from my observation watching my colleagues here in the firm process this type of thing, they tend to process in a very similar manner. That being said, there are differences in terms of formalities.

Those who feel a little bit overwhelmed about matters pertaining to estate planning, as well as Will drafting - either in Thailand, or in an American or an international context - it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.