Testament in Thailand泰國遺囑介紹 Part I－IBC泰國法律金融會計事務所International Business Consultancy

Testament in Thailand泰國遺囑介紹 Part I

隨著生前遺產規劃及分配的課題不再是禁忌，越來越多人包含年輕及中年人也開始在工作一段時間或是到了一定年齡開始討論遺產分配的安排，避免日後若突然身故來不及處理。

一般來說遺囑是財產安排的依據，對於有親人在泰國或是在泰國有資產的各位，對於泰國遺囑的認知不可不知。依據《泰國民商法》規定，遺囑分為5種，因內容過多，本篇文章分為Part 1 及Part 2，本次內容為Part 1。

The interpretation of wills 遺囑的解釋

Is the last command in which the intention to prescribe death in respect of the property or business of the testator in order to be effective under the law when the testator dies by doing one of the forms as specified by law (Civil and Commercial Code, Section 1646 - 1648)

旨在確定當立遺囑人去世時，其財產或業務分配透過法律規定的表格依法有效 (依據民商法第1646-1648條)

There are 5 types of wills, namely 遺囑有五種，分別是

Natural wills (Civil and Commercial Code, Section 1656)(民商法第1656條) 自然遺囑(民商法第1656條)
The will be entirely self-written will (Civil and Commercial Code, Section 1657) 自書遺囑(民商法第1657條)
The will is documented by the City Department (Civil and Commercial Code, Section 1658) 遺囑在市政府備案 (民商法第1658 條)
Declining documents in secret document (Civil and Commercial Code, Section 1660) 保密檔案 (民商法第1660條)
Willing orally made verbally (Civil and Commercial Code, Section 1663) 口授遺囑 (民商法第1663條)

In these 5 wills, the district has only 3 types of responsibilities: types 3, 4 and 5. For Type 1 and Type 2, the district does not have to be involved.

民政事務局僅對第3、4、5種遺囑附有責任，不涉及第1及第2種遺囑。

Ordinary wills 普通遺囑

Document preparation rules 文件規定

Must be made in writing which can be written or typed (can be written or typed in Thai or a foreign language). 必須以書面形式，可手寫或打字 (可以用泰語或外文書寫或打字)。
Must date, month, year while doing to prove the ability of the maker. 必須註明日期、月份及年份以確定遺囑的效力
The testator must sign the name in front of at least two witnesses at the same time. May sign or print a finger, can use the seal. 立遺囑人必須同時在至少。兩位見證人面前簽名可以簽名或蓋手印,可以使用印章
Scraping, removing, dropping, adding or other modifications which the will is not complete except the amendment can be dated and signed by the testator or finger prints in front of at least two witnesses together and at least two witnesses must sign to certify the signature of the testator at that time (Must be a will) 如有增減、塗改，應註明增減、塗改之處所及字數，另行簽名須註明日期並由立遺囑人簽字、或至少有兩位見證人的指紋在一起，至少兩名證人必須簽字證明遺囑人簽名的簽名 (必須是遺囑)。

The wills are fully written by yourself. 遺囑完全由自己完成。

Document preparation rules文件準備規定

Must make a document, i.e. make a book by using either Thai or foreign languages 必須製作文件，可為泰語或外文
The testator must write in his own handwriting, the entire copy cannot be printed. Therefore, the author of the book is unable to do will.

This type of will is possible with or without witnesses, because the law didn't prohibit

立遺囑人必須用親筆書寫，無法複印。法律並未規定須有見證人。

Must date month, year while doing to prove ability for other editions 其他版本也需要註明日期
Must sign the testator's signature 必須簽署立遺囑人的簽名
Scraping, erasing, dropping, filling, or any other alterations which will be incomplete unless the testator has done it by his own hands and signed. 如有增減、塗改，應註明增減、塗改之處所及字數，另行簽名。

Wills in documents of the city department在市政府備案的遺囑

Petitioner can submit a request to the District Department (sheriff) of any district to proceed accordingly.

申請人可以向任何地區的民政部門（治安官）申請。

Following is the procedure 相關程序如下

The testator informs the sheriff messages to be included in his will. At least two other witnesses should in present.

遺囑人通知治安官遺囑中的訊息，同時須至少有兩位見證人

The sheriff notes down the information made by the testator and reads the text to the testator and the witness.

治安官記錄遺囑並將文本讀給立遺囑人和見證人。

When the testator and the witness clearly know that the note is correct, the declaration will be signed by the testator and witnesses.

當立遺囑人和證人確認紀錄是正確的，會在宣誓書簽名。

The sheriff shall sign and sign the date on the notes as proof the will has been done. The seal position is also important.

治安官應在紀錄上簽署並填寫日期。彌封位置也很重要。

Documentary wills for the city is not always required to do at district office or sub-district office, if the applicant requests to do outside

遺囑並非強制在地區辦公室進行，申請人可要求在別處進行

When it appears that the testator has passed away, estate manager or persons receiving inheritance by will or by rights. The heir will present evidence of death of the testator, and the will will be provided after the investigation is satisfied. 當立遺囑人過世，物業經理或繼承人出示死亡證明來獲得遺囑。

Wills making secret documents在保密檔案的遺囑

When someone intends to make a will in a confidential document, that person must show his intention according to the form of the official submitted to the Department of District (Sheriff), and complies with the following rules:

當某人打算以機密文件訂立遺囑，必須向地方部門(治安長)遞交表格，並遵守以下規則：

Must have the will and a signature.

必須有遺囑並簽名。

The testator must seal the will and write the period.

立遺囑人必須將遺囑彌封並寫下期限。

The testator must bring the sealed will to the sheriff. There should be at least 2 witnesses and give statements to all people that it is his will. If the will is written by another person, the testator must notify his the name and address

立遺囑人必須將密封的遺囑交給治安長，須至少2位見證人在場，並向所有人陳述為其遺囑。如果遺囑由他人完成，必須通知其姓名和住所。

When the sheriff records the will and stamps the envelope. And the witnesses sign on that envelope.

治安官紀錄遺囑並在信封蓋章，見證人則在信封簽名。

A person who is both mute and deaf, or who cannot speak with the intention to make a will as a confidential document, the sheriff will write the will and at least 2 witnesses should at present.

如立遺囑人又聾又啞或不會說話，由治安官寫下遺囑並須兩位見證人在場。

If the testator has a confidential document he wishes to request immediately, the sheriff can give it to him, and the testator signs the receipt in the book

如遺囑人希望立刻拿到遺囑，治安官會請對方在簽收單上簽名。