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ResourcesThailand Real Estate & Property LawTitleThai Wills: Executors and Beneficiaries

Thai Wills: Executors and Beneficiaries

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Wills, specifically we are discussing the roles of Executors and Beneficiaries. 

For those who are unaware, there is a difference between these two types of parties. An executor generally speaking, is someone who acts as the person who carries out the provisions of the Will. In a probate context, so this is more coming from a common-law perspective, in Thailand it is called succession, in the common law tradition it is called probate. Generally speaking, the Court will appoint the Executor, the Executrix and that person will then go ahead and execute the provisions of the testamentary instrument, the Will. Not all that much different here in Thailand. In some cases, especially where you have got Spousal Wills and things it is possible although depending on circumstances, may not be the best in all cases to have an Executor both the Executor and the Beneficiary, if there's a one soul beneficiary. Now sometimes this isn't possible perhaps due to age, perhaps due to a number of other factors including multiple bequests within the document itself.

But the thing to take away from this video is these are two distinct roles. The beneficiary simply benefits from the instrument. They are the ones that inherit whatever the bequest is. The Executor in some cases may get nothing, may have nothing to do with the actual assets in the estate. They have just been assigned to make certain that whomever is designated the Beneficiary or Beneficiaries get what is designated in the provisions of the document. 

So the thing to take away from this video is very different roles between the Executor and the Beneficiary and for this reason especially when it comes to drafting, it might be a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.