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Wills, "Probate", and Court Orders in Thailand?
Transcript of the above video:
As the title of this video suggests, we are discussing Wills and Probate in Thailand. Specifically we are discussing the issue of Court Orders emanating from how Wills and Probate work.
So what I am talking about here is Thailand is not a Common Law jurisdiction so using the term Probate is not accurate when describing Wills and how Wills are going to be enforced in Thailand; how you are going to go ahead and have the provisions of a Will carried out in the event of your passing. Basically what happens is it goes through what we would call Probate in the Common Law, they have their own word for it in Thai; it's sort of referred to as "Succession". But basically you take it to Court, the judge reviews it, decides if the person had capacity, if the Will is formally in order. If so, they will go ahead and direct an Executor - likely named in the Will - to go ahead and carry out the provisions of the Will. And they will issue this in the form of a Court Order for that Executor to fulfill that function. So that's the thing to bear in mind with respect to this whole issue, excuse me not this issue, with respect to how this will process, is basically, you will go to Court, and they will go ahead and issue a probate order - what we would call Probate order in the Common Law - and then you can take that Order to things like a Bank, to the Land Department etc., to go ahead and have the provisions of that Will carried out. So that is how that is enforced. These can also be used in foreign jurisdictions. They can be used elsewhere as evidence that, "hey this person has passed away; there's a Court order that this person's effects need to be handed to this beneficiary and move from there".
So these Court Orders are an integral component of the process of basically carrying out the terms of a Will. The Court Order effectively enforces that; it carries it out. So that is the thing to take away from this video is that his how Wills are carried out. That is how functions which are directed in the Will will be carried out pursuant to Court Order here in the Kingdom of Thailand.
