Transcript of the above video:

As the title of this video suggests, we are discussing Thai Wills in the context of Prenuptial Agreements.

Something that just as a legal professional I don't think about but lay people do, I didn't really realize this until the last couple of weeks where this has come up a couple of times, lay people do fail to see that there is a fundamental difference between a Will and a Prenup. Oftentimes, we will see a situation where somebody will believe that their Prenup sort of covers things that a Will will cover and quite honestly they are two different instruments.

A Prenuptial Agreement pertains to the marital estate, oftentimes the presumed marital estate in the event of a possible future dissolution of a marriage, whereas a Will pertains to as most people know, what happens to your property, what happens to one's assets in the event of their death. These are two very different things and they should not be confused because you can't really have one catch-all document that offers both functions and I think many people out there think that it is possible to have that and that is a real misnomer. That is something that can really trip folks up and cause some unforeseen problems down the road because they have things that really should be in a Will might be mentioned in my opinion, in a poorly drafted Prenup and meanwhile sometimes you will see people want to put things in a Will that really ought to be in a prenup. 

So again, these are two different types of instruments and for those who are out there possibly looking to get married here in Thailand but also thinking about estate planning, it is probably a good idea to contact a legal professional, gain some insight and guidance into the specifics of both the Prenup and the Will so that you can understand how best to proceed in drafting and executing each of those documents respectively.