Section Code: 1693 - 1699

Thai Civil and Commercial Code

SUCCESSION
TITLE III
WILLS

Chapter 5: Revocation and Lapse of a Will or Clause in a Will

Section 1693. Revocation of the Will

A testator may at any time revoke his will wholly or partly.

Section 1694. Needs to be revoked as Prescribed by Law

If a former will is to be revoked wholly or partly by a latter will, the revocation is valid only when the latter will is made in any of the forms prescribed by law.

Section 1695. Revocation by Intentional Destruction

Where a will is embodied in one document only, the testator can revoke it wholly or partly by intentional destruction or cancellation.

Where the will is embodied in several duplicates, such revocation shall not be complete unless it is effected in all the duplicates.

Section 1696. Testamentary Disposition

A testamentary disposition is revoked if the testator has intentionally made a valid transfer of the property which is the subject of the will.

The same rule applies if the testator has intentionally destroyed such property.

Section 1697. Conflicting Intentions

Unless the testator has otherwise made a declaration of intention in his will, if it appears that a former and a latter will conflict, the former is deemed to have been revoked by the latter only as to the parts in which their provisions conflict.

Section 1698. Testamentary Lapses

A testamentary disposition lapses:

  1. if the legatee dies before the testator;
  2. if the testamentary disposition is to take effect on a condition being fulfilled and the legatee dies before its fulfillment, or it becomes certain that the condition cannot be fulfilled;
  3. the legatee refuses legacy
  4. if the whole property bequeathed is, without the intention of the testator, lost or destroyed during his lifetime and the testator has not acquired a substitute or a claim for compensation for the loss of such property.

Section 1699. Non-Effect of Will

If a will or a clause in a will as regards any property has no effect for any reason whatsoever, such property devolves on the statutory heirs or the State as the case may be.