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ResourcesThailand Real Estate & Property LawTitleHow Hard Is It to Change My Thai Will?

How Hard Is It to Change My Thai Will?

Transcript of the above video:

As the title of this video suggests, we are discussing Wills in Thailand and the question posed is "how difficult is it to change a Thai Will?" The answer is not as simple as the question I am afraid insofar as it is going to depend on circumstances. I know I sound like a broken record with that; I know I have a lot of folks that follow this channel frequently and they are like "yes of course it depends on circumstances". 

Okay. Moving ahead though, it really is circumstantially dependent. Changing a Will, not the biggest issue in the world. However, existence of prior Wills can greatly muddle the process associated with succession or what we call in the Common Law System, probate, where you take that Will to court and then have the Court execute the Will per the deceased's wishes. The reason it can muddle things up is if you have got prior Wills sitting around out there it can create points of contention where people can say "well, no, this is the real Will, this is the real Will." Yes, obviously there are certain factors like "when was the last Will dated?" That can factor into the analysis of which Will be controlling. Another thing to bear in mind is the capacity of the individual at the time a later Will is signed, that can come into play. For these reasons, if you are looking to change a Thai Will, generally speaking, again it is going to be circumstantially dependent but, generally speaking I think and I have run this by and to be clear, I am not a Thai Attorney, I am an American Attorney, I am the Managing Director of the firm, naturalized Thai citizen, not a Thai Attorney, but I have run this through our legal team here in the office and they tend to again agree with the caveat  that there are going to be cases where this might not be the case depending on circumstances but generally speaking as sort of a general rule, a rule of thumb if you will, probably best to just replace an old Will completely do it and then do the best if not do it, completely destroy the old Will so that there is no issue associated with whether or not one Will is what was intended or not. That generally speaking is going to be the best way to deal with this. 

Again I know in a Common Law context, codicils come in and can kind of alter the provisions of the will that way. In Thailand a little bit different, again this is after essentially commiserating with the Thai legal staff here and again this is all for each informational purposes, but generally speaking just replacing an old Will with a new one is probably going to be the best way to go, as it is, for lack of a better term, "cleaner" with regard to a possible later adjudication in the Thai Courts.