"I have two children, but I want to give everything to the daughter who has always taken care of the mother. Can I do that? Will the other child sue later?" This is a question the firm receives from many parents.
The short answer is you can. Thai law does not require that the inheritance be divided equally among all children. However, this type of will is the will with the highest chance of being contested, so it must be drafted more carefully than usual.
Thai law grants freedom to make a will
Some countries have "reserved share" rules that require a portion of the estate to always be set aside for children or a spouse. Thai law has no such rule. An owner of property may make a will giving their property to anyone, in any proportion — to a single child, to a grandchild, or to someone outside the family.
Distribution to statutory heirs by order of precedence, such as all children receiving equal shares, applies only in two cases:
- There is no will
- There is a will, but it does not mention certain assets — those assets pass to the statutory heirs
What Can Be Bequeathed Is Only Your Own Share
The most common mistake is marital property. A house or land bought during the marriage is generally owned half by each spouse. If the mother makes a will giving "the whole house" to her daughter, the result is that she can give only the half that belongs to her; the other half still belongs to the father.
If you want the entire property to truly pass to a single child, you should
- First check whether each item of property is separate property or marital property
- Have the spouse make a will bequeathing their share as well, if they agree
- If the spouse has already died, the spouse's share may already have passed as inheritance, and that share must be dealt with first
What can the other children sue over?
If the will is valid, the other children cannot claim merely that they are children in order to ask for a share, but they can still sue to contest the will itself. The issues most often raised are:
Made in the wrong form – An ordinary will must be made in writing, dated, with the maker signing in the presence of at least two witnesses who are present together at that time, and the witnesses must sign as attestation. A will that is typed and signed alone with no witnesses is not a holographic will.
A witness is a beneficiary – A witness to the will and the witness's spouse cannot receive property under that will. If a daughter or the daughter's husband signs as a witness, the provision granting property to the daughter fails, which in this case is the entire document.
The will maker lacked capacity – For example, being ill to the point of being unresponsive, or having already been placed under a court order of incapacity.
Fraud, coercion, or mistake – The most popular argument is "the child who was taking care of mother took her to sign when she did not know what was going on."
How to make this kind of will difficult to contest
- Choose neutral witnesses — not a child who receives the assets, not the spouse of a child.
- Make it while your health is still good — the closer it is made to the end of life, the easier it is to challenge on grounds of capacity.
- If you are elderly or have a congenital disease — obtain a medical certificate from a period close to the date the will is made and keep it.
- Keep the child who receives the assets out of the room at the time of signing, to reduce allegations of undue influence.
- Write a short explanation — for example, that this child has taken care of medical expenses for many years. This is not a legal condition, but it helps the reader understand your intention.
- Include a clause giving away all remaining assets so that property acquired later does not pass to statutory heirs.
- Appoint an executor in the will, and appoint a substitute as well.
- Keep the original in a place that can be found, and tell the executor where it is kept.
Other options worth considering alongside it
Transfer while you are still alive A gratuitous gift that has been registered takes effect immediately. The property does not become part of the estate, so the other children have no property to divide. But changing your mind later is very difficult, and the giver must plan for their own housing. Read the details in How transferring land to a child while you are alive differs from a will
Register a right of habitation or a usufruct If you give the house to one child but want your spouse or another child to still be able to live there, a right registered at the Land Office attaches to the property even if the owner changes.
Talk to all the children first This is not a legal requirement, but a will whose reasons the other children knew from the start is less likely to be challenged than a will read for the first time after the funeral.
When It Comes Time to Use a Will
Even with a will, banks and the Land Office generally still require a court order appointing an estate administrator. Other children have the right to object at this stage. A will that is carefully drafted as described above is what makes this process finish quickly. See the full process in the Heirs and Estate Administrator's Guide
📌 See more: Estate and Wills · Family Law
If you are thinking of making a will that gives assets to any one child, consult our team of lawyers or call 092-254-2045 before signing.
This article provides general information and is not legal advice for any specific case.