Setting Up Last Will and Testament in Thailand
Among the issues that are often faced by foreigners residing in Thailand is estate planning. This is a process by which the attorney and client work together to structure the distribution of assets in the event of a death. This includes drafting a last will and testament that complies with Thai laws and serves the client’s objectives.
A last will and testament is a legal document that allows you to state how your property or other assets should be distributed upon your death. It also allows you to appoint guardians for minor children and to appoint an executor. It is a very important document to have and can be very beneficial in preventing family disputes that arise after your death.
Setting up a last will and testament in Thailand is essential for any foreigner that has properties in the country or any assets that they want to distribute after their death. A last will and testament can prevent problems that may arise after your death, and can help to avoid costly court costs.
There are a number of websites that offer off the shelf last will and testament templates. However, these templates are not suitable for all foreigners who have assets or properties in Thailand as they only cover the basic legal aspects of a will and do not consider all of the complex issues that can arise.
It is very important to have a lawyer draft your will as errors and omissions can cost your heirs large sums of money. A good Thai lawyer will be able to ensure that your will is valid in Thailand and will meet all the requirements of Thai law.
The first thing that you need to do is to make a list of all of your assets, including any movable or immovable property in Thailand and any shares of a company (shareholders) or leasehold rights. You will also need to include the names of your beneficiaries, and the person that you have chosen as the executor.
Once you have a list of all your assets, you need to contact an attorney in Thailand that can assist you with the preparation of a last will and testament. An attorney can provide advice on how to best divide your assets and protect your heirs from future family disputes that might arise after your death.
One of the most common mistakes that foreigners make when they prepare a will in Thailand is that they leave their assets to their spouse instead of their children. It is a mistake that can be very costly to rectify and will create even more problems for your heirs when they are trying to sort out your assets in Thailand after your death.
Another mistake that foreigners often make when they prepare a will is that they fail to include the beneficiaries who will receive the shares of their companies in their wills. This can be very expensive to correct and will result in a delay in your heirs receiving the shares they want in their will.
Importance of Drafting a Prenuptial Agreement in Thailand
Prenuptial Agreement is a legal document that spouses enter into before entering into marriage. It is also known as antenuptial or premarital contract, and it is one of the most important documents that a couple should have.
The Importance of Drafting a Prenuptial Agreement in Thailand
When couples are planning to marry, they should consider creating a prenuptial agreement in order to avoid significant disputes and court battles. This type of document protects each party’s assets and gives them a clear financial plan for their future. It is best to have a prenuptial agreement drafted by a Thai attorney or lawyer before the wedding takes place.
A Prenuptial Agreement in Thailand is a legally binding document that is signed by a couple before their marriage. It outlines how each party’s assets will be divided in the event of divorce or death. It is beneficial for couples with significant assets or properties that wish to have some control over the distribution of these assets in case of a divorce.
The importance of a prenuptial agreement is not limited to marriages in Thailand, but it can also be helpful for couples who have been married before. A well-written prenuptial agreement can ensure that a husband and wife’s personal property will be protected, and that their debts will be divvied up fairly in the event of a divorce or death.
It is important to note that under Thai law, personal property remains the sole property of each partner during a marriage. It is a good idea to make a list of any assets that each party has before the marriage, and to keep this list in a safe place. A prenuptial agreement can also specify that the assets of the parties will be listed as marital property in the event of a divorce.
If a prenuptial agreement is signed, it can be legally binding and must be registered in the same way that a marriage is registered. This means that it cannot be changed or amended after the marriage is completed, unless a court orders otherwise.
Depending on the nature of the couple’s relationship and their financial circumstances, it is possible to include provisions for child support in a prenuptial agreement. However, this is often not a common feature of prenuptial agreements.
A prenuptial agreement should be drafted by an experienced Thai attorney or lawyer who is knowledgeable about the laws of Thailand and the country where the fiancee lives. The document should also be drafted in both the language of each party and must be notarized by an official notary in Thailand.
The most important aspect of a prenuptial agreement is that it must be enforceable. This means that the terms of the agreement must be fair and logically consistent with the laws of Thailand. If the agreement does not adhere to these laws, it may not be enforceable in court and will be considered void.
Another important aspect of a prenuptial contract is that it should not be used as an excuse to cheat or defraud your spouse. This is because it could cause serious damage to your finances.
Divorce in Thailand
In Thailand, there are many different types of divorce. These include contested, non-contested, and mutual consent divorces. These are all governed by the Thai Civil and Commercial Code.
A contested divorce requires that one or both parties must appear at a court in order to pursue the case. A non-contested divorce, on the other hand, is a divorce where both parties agree to sever their marriage.
Usually, this type of divorce is done at the local District Office (Khet or Amphoe). Both spouses must be present when applying for this procedure and they need to have copies of their marriage certificate as well as their passports.
An administrative divorce is a less costly option than a contested divorce and it does not require any court proceedings. However, it is important to consider whether this option is appropriate for your situation.
The majority of divorces in Thailand are uncontested. This is because the law states that all marital property is to be divided equally upon a divorce, regardless of who brought it into the marriage.
If a couple cannot agree to the distribution of assets and debts, then they can petition for dissolution of the marriage by the court. The court will determine how much each party receives according to the law and their individual circumstances.
When a divorce is obtained through a court, the courts will decide on child custody and property division in accordance with Thai laws. Often these issues are complicated and it is advisable for couples to try to negotiate these matters before seeking a divorce.
It is also advisable for couples to have prenuptial agreements, as this can help them avoid future problems.
There are a number of grounds for divorce in Thailand, including:
In Thailand it is considered a ground of divorce if the husband or wife is mentally and physically abusive to the other. In addition, if the other party has been convicted of a crime and sentenced to imprisonment for at least one year, this can be used as a reason for divorce.
A couple may also be able to file for divorce if one of the spouses has been unable to provide proper maintenance and support or is a criminal who has committed acts of misconduct that caused physical or psychological harm to the other.
Having regular sexual intercourse with another person, or having the name of someone else on your marriage certificate can also be grounds for divorce.
It is possible to obtain a divorce based on these grounds, but the plaintiff must be able to show that they have suffered the harm. This can be done by providing evidence, such as a police report or a video or photograph of the behavior that has caused the harm.
Divorce in Thailand is not always easy and can be a stressful time for all involved. For this reason, it is highly recommended to hire a lawyer who can assist in the divorce process. A lawyer can also make sure that all the legal paperwork is complete and in order.
Getting Married in Thailand
To marry in Thailand, you have to first get into Thailand with a regular visitor’s visa or a Business Visa. You can also arrive with a VOA (Visa on Arrival) at the airport which gives you 30 days access to Thailand. Once there, you will have to find the rules and regulations of your own country (go to your own embassy in Bangkok) and prepare the paperwork to get a “freedom to marry” certificate stating that you have no prior obligations in your country.