Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

[email protected]

ResourcesThailand Real Estate & Property LawTitleThai Wills: What Happens When "Probate" Is Complete?

Thai Wills: What Happens When "Probate" Is Complete?

Transcript of the above video:

The title of this video is a little bit of a misnomer insofar as "probate" is not the correct word to use when you are talking about testamentary instruments here in Thailand. Again it's a Civil Law jurisdiction so succession is oftentimes the term you will hear used in place of what we in the Common Law vernacular call "probate"; so basically proceedings associated with the Will basically; whether or not the Court is going to execute the Will. 

So the question is what happens at the end of a Court proceeding involving a Will? Well the long story short is, if the Court decides that the Will on its face is acceptable, that the person who made it, made it in good faith, well not so much good faith but was competent at the time that they made it and their stipulations are in line with Thai Law and the formalities associated with the Will itself are in line with Thai Law, then the Court is going to go ahead and say "yeah okay, this is a valid Will", and generally speaking they are basically going to just  issue a Court order to execute the provisions of the Will. Now that is going to be done by the Executor, depending on who that is, that may be one of or the beneficiary of the Will itself, so at that point once that judgment has come down, basically all the other tumblers in the lock so to speak can fall together and you can go ahead and deal with disbursement of the assets within the estate. 

Again, this is going to take some time, the Thai Courts don't exactly process especially here in Bangkok, in the fastest manner in the world but after a few weeks yes, it is going to be possible once the case has been brought through the legal system, what they call "succession" here in Thailand, what we call in the Common Law vernacular "probate", then after that is concluded, they will go ahead and just execute, they will just order the execution of the provisions of that Will.