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ResourcesThailand Real Estate & Property LawTitleThai Wills: Can Executors Also Be Beneficiaries?

Thai Wills: Can Executors Also Be Beneficiaries?

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Wills. The question posed is "can a beneficiary also be an Executor?" So let's go ahead and break it down.

What is an Executor? As the name implies, an Executor is someone who is named in someone's Will and then under the circumstances where the Court is probating, what we call probating a Will in the Common Law vernacular, or it goes through the process of what we call or what the English translation of the Thai vernacular would be, Succession where it goes through the Succession Court. Succession is determined by the Judiciary here in Thailand and Executors and beneficiaries are deemed and the Will itself is executed. The Executor's function is to execute. A beneficiary or an heir in the Common Law Vernacular is someone who is going to benefit from the Will; they are going to inherit from the Will. 

The question posed is could they be the same person? Under many circumstances in fact they could, but depending on the scenario or depending on the specific circumstances in your given case, it may or may not be fully optimal to have that person be both. In other cases it may be very, very optimal for one or more persons to be both beneficiaries and Executors. Again it is going to depend on the circumstances of your case, again two separate functions. Executor executes the Will; beneficiary if they are solely a beneficiary, it is kind of a passive function, all they are simply doing is inheriting per the terms of the Will. But yes, depending on the situation, it may be possible to go ahead and vest both of those roles if you will into one singular person.