1. Why Should Ordinary People Make a Will?
Many believe, 'I'm not a millionaire, I don't need a will.' In reality, the greatest benefits of a will are 'reducing conflicts' and 'granting rights to non-relatives':
- Preventing Heir Disputes:When you clearly specify who gets the house, the car, or the savings, conflicts among relatives decrease significantly because they must respect the deceased's intentions.
- Protecting Those Not Legally Recognized as 'Heirs':If you have a life partner (LGBTQ+ or unregistered couple), an unadopted stepchild, or wish to donate to charity, they have absolutely no legal right to your estate without a will.
2. Types of Wills You Can Easily Make Yourself
Thai law recognizes several types of wills, but the two most popular and cost-effective methods for the general public are:
- Holographic Will (Written entirely by hand):The easiest way! You simply use a pen to 'write the entire document in your own handwriting' (typing is strictly forbidden), state the date, month, and year, and sign at the bottom. The advantage is that it is legally valid even without witnesses.
- Ordinary Will (Typed and Signed):You can type the text using a computer. However, when signing, you must sign in the presence of 'at least 2 witnesses' simultaneously, and both witnesses must also sign to certify the will.
3. Warning! Small Mistakes Can Make a Will 'Void'
A will takes effect when we are no longer alive to confirm our intentions, so the law is very strict. Making any of these mistakes can turn it into just a piece of paper:
- Age and Mental Capacity:The testator (person making the will) must be at least 15 years old and must not be of unsound mind or adjudged incompetent by a court.
- Witnesses 'Must Not' Be Beneficiaries:This is a common mistake! If anyone signs as a witness (including their spouse), they immediately lose the right to receive any assets specified in that will. This prevents coercion or conflicts of interest.
- Erasures, Cross-outs, or Alterations:If there are corrections, the testator (and witnesses, if any) must sign their name directly adjacent to every single alteration; otherwise, the change is invalid.
4. Can I Change My Mind or Revoke the Will?
Always! As long as you are alive, you can tear up and destroy the old will at any time. If you can't find the old one, you can simply write a 'new one'.
The law always upholds the will with the 'latest date'. If the contents of a new will contradict the old one, the old will is implicitly revoked regarding the conflicting parts.
Conclusion
Making a will is not cursing oneself; it is the 'final act of love and responsibility' we prepare for those we leave behind.
Once completed, do not forget to store the will in a safe place (like a safe deposit box or with a lawyer/executor). Crucially, inform at least one trusted person of its location so it can be retrieved when the time comes.