April 19, 2011

After You’ve Gone . . .

Bangkok Post, Corporate Counsellor Column

By employing a case study (in which the names and facts are fictional), this article offers insights into the administration of estates in Thailand. Specifically, it demonstrates how the Thai courts may deal with a Will that was in another jurisdiction when a Thai spouse contests validity. The lesson learned from this case study is that expatriates living in Thailand with assets in both Thailand and another jurisdiction would be well advised to consider having two Wills which are carefully drafted to ensure that each is limited to the assets in each respective jurisdiction. Although Thai law does recognize the validity of foreign Wills, the practicalities of proving the validity of the Will to the satisfaction of the Thai Court may be onerous or even impossible to meet.

AUTHORS
Sally Mouhim
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