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Can I get a Joint Will for Me and My Spouse?

If you have read any of our other blogs at ThaiWills.com, you would already know that having a will in place whilst living in Thailand is an important thing to do. Joint Wills... although they maybe useful, sometimes practical, but often not recommended. Read on to find out why.

If you have read any of our other blogs at ThaiWills.com, you would already know that having a will in place whilst living in Thailand is an important thing to do.

It becomes even more so if you are a home owner and sharing that home with your partner. In cases like this, joint wills start to become a useful legal structure for most couples. Although they maybe useful, sometimes practical, but often not recommended. Read on to find out why.

Can I get a Joint Will for Me and My Spouse? Thai Wills 2021

What is a Joint Will?

A joint will is a single testamentary instrument consisting the wills of two or more persons based on an agreement to make a co-will. So, two or more persons can make a will and that will come into effect on the death of one person. So a married couple can get a will together.

What is the Purpose of Joint Will?

Through a joint will, a married couple, typically stipulates that in the event of the passing of one of the spouses, the statutory inheritance is suspended. And the entire estate is initially devolved on the surviving spouse. Only in the event of the passing of the longer-living spouse the descendants or other heirs will inherit. And under this will, both the spouses to the will, have equal rights and liabilities over the properties mentioned in the will. It is also presumed that both spouses have equal share over the properties mentioned in the will.

Moreover, the Thai Land Department has recommended that the establishment of a joint will, is one of the suitable options for foreigners acquiring the property in Thailand. In executing a joint will it is necessary that the intention of the testator should be taken as primary evidence. In the will, it is necessary to prove that after the death of one of the testators the surviving testator has disposed of his or her property only.

Can I get a Joint Will for Me and My Spouse? Thai Wills 2021

Precautions that you need to take while drafting a Joint Will:

Generally, the joint will is rarely used in the real word. This is because it is not possible for a living spouse to change the terms and conditions in the will. As it does not give him or her a right to disposed the property of the deceased. So, the living spouse cannot make any alterations in the will. A suspicion can be raised by one or the other spouse, if the other spouse goes against the terms and condition of the will. And it is possible that a third party can also raise a suspicion that could be in favor of natural legal heirs of the deceased. Which in turn could lead to costly legal battles.

Procedure for a joint will:

A joint will can be executed on plain paper without requiring any stamp duty for execution and registration of the will. However, the testator along with two witnesses still has to register the joint will before the appropriate authority. For registering a joint will an identity proof have to be submitted. And a nominal fee should be paid.

Can a Joint Will take effect after the death of any one of the testators?  

The joint will made by the two-person will take effect after the death of both of the named persons in the Joint Will. They will not be admitted to probate during the life of either, which makes them so restricted and not recommended. However, Joint wills are revocable at any time by either of the testators during their joint lives, should the relationship breakdown.

Is an english will valid in Thailand?

Talk to us about this and other Thai Will matters.

To get full and frank clarification on this issue of joint Wills and any other matters regarding Wills in Thailand, get in touch with us. You can use the form below, our Facebook page. Our basic Wills start from as little as 6,ooo Thb, so no matter the complexity of your requirements we will have a lawyer to match your budget.

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