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Property Stipulation in Thai Wills

Transcript of the above video:

As the title of this video suggests, we are discussing Wills in the Kingdom of Thailand and we are discussing what I call property stipulation.

When drafting Wills in Thailand, we generally see, when the Thai Attorneys are dealing with this, they generally want to see as exhaustive as they can get, a list of documentation pertaining to property in Thailand. Now this could be like Chanote title for example to a condo or even to any other type of property for that matter; real estate, land or a house; also it pertains to things like bank accounts; or title deeds associated with cars; title deeds associated with other movable property if you have anything pertaining to that. A lot of people ask us "why do you need all of this?" Well the more we have, the smoother the possibility of probate or succession as they call it; basically the transfer of funds or property in the estate upon the passing and the execution of that testamentary instrument, that Will, the smoother it is going to go in affecting those transfers.

One can do a Will in theory that basically just says: "I am leaving everything to my wife or to my child" or something but if you don't really stipulate it, it can make things a little bit more difficult especially if time transpires between the time of a Will being drafted and the time of its execution. Again, things are always going to change. You don't have to update it every minute of the day, that would be preposterous but the thing to understand is it has always a better idea at least in our experience to have one's property situation as fully transparent as it can be within the terms of the Will so that the Court can then pretty easily just say "yes it is clear that this person wanted XYZ to go to so and so. We are executing that, we are going to be done with that." There isn't any real question. 

Again, this may be viewed as semantics or splitting hairs by lay people but we have just found that generally speaking you want to do a proper stipulation of property in a Thai Will when drafting it so as to make the process of probate or succession, smoother at the time that the document needs to be executed.