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ResourcesThailand Real Estate & Property LawTitleThai Will Drafting: New Spouses and Prior Children?

Thai Will Drafting: New Spouses and Prior Children?

Transcript of the above video: 

As the title of this video suggests, we are discussing drafting of Wills in the context specifically of those who have new spouses but might have prior children. This can be of pretty acute concern in certain cases where you have got a situation where you're a person; you had some assets to pass on in the event of your own passing, and you also have a new spouse here in Thailand, but you have prior children. 

Again, delineating who gets what in a Will structure is very, very important and the formalities associated with possible beneficiaries or executors or executrixes for that matter is important as well. We often draft a number of Wills in a number of different ways to accommodate different family structures, but bear in mind, the formalities oftentimes will remain the same. So again, by sort of Western thinking, the formalities associated with doing a Will in Thailand are a little bit more cumbersome to say the least. I mean there's just a level of detail especially regarding executors that a lot of the Attorneys here in our office want to see, that frankly in a western context you just wouldn't feel that that was overly relevant. 

That said, you want to comport with relevant formalities especially in a situation where there could be a situation where perhaps a child or a spouse in the event of the passing and the attempt to move the Will through the Courts in order to enforce it. There's a situation that arises where there is an election against the Will, basically a challenge to the Will. It is in those circumstances, that you want every I dotted, and every T crossed with regard to drafting formalities in order to forestall any problems for one's heirs in the event they pass away and need to effectively for lack of a better term, “probate” their Will here in the Kingdom of Thailand.