An executor is a person appointed by a will or court order to legally manage the deceased's assets, including distributing the estate to the heirs and paying the estate's debts. In short, an executor represents the heirs and has the rights and duties to handle the deceased's assets.

Why is it necessary to request the court to appoint an estate administrator?

Although an inheritance passes immediately to the heirs by law, in practice there may be legal and regulatory obstacles that prevent the heirs from taking action regarding the inheritance until a court order appointing an executor is issued.

Rights and duties of an estate manager

• Manage the overall inheritance
• Collect assets and pay off debts of the estate
• Prepare an inheritance account and list assets.
• Cannot make transactions that are adverse to the inheritance
• If the executor neglects his duties, such as concealing the inheritance or failing to divide the inheritance, the heir can request the court to remove the executor.

Does the executor get a larger share of the inheritance than others?

It is not true. An executor is not entitled to more inheritance than any other heir, unless provided for in the will or a majority of the heirs resolve to grant compensation.

Relevant laws

• Section 1711: The executor is a person appointed by a will or court order.
• Section 1719: Have rights and duties to carry out inheritance and share assets.
• Section 1721: No right to receive compensation from the estate, unless the will or majority of the heirs provide for it.
• Section 1722: Cannot make transactions that conflict with the inheritance.
• Section 1728: An inheritance account must be prepared within 15 days after the commencement of duties.
• Section 1731: If the estate account is not kept, the court can remove the estate executor.

Criminal penalties if the executor neglects his duties

• Section 354 of the Criminal Code: If the estate manager commits fraud, such as embezzlement of inheritance, he is liable to imprisonment for a term not exceeding 5 years or a fine not exceeding 100,000 baht, or both.

Written by:
Ms. Apilapat Nilsanthipathon

Advantages of using ready-made contracts

• Save money: Using a ready-made contract is less expensive than hiring a lawyer to draft or review a contract, making it an ideal option for individuals or businesses on a budget.
• Convenient and fast: Downloading a ready-made contract usually takes little time, no need to wait long for contract preparation.
• Easy access: Ready-made contracts are available from various sources, both online and offline, and can meet the needs of users in various situations.

Disadvantages of using ready-made contracts

• Inappropriateness to specific situations: A boilerplate contract is often a standard form that is not tailored to specific situations.
• Legal loopholes: Using a ready-made contract can have legal loopholes that could lead to misunderstandings or disputes later.
• Lack of flexibility: A ready-made contract may not have the flexibility to modify its terms to suit changing circumstances.
• Lack of legal advice: The use of ready-made contracts without advice from legal experts may lead users to not understand their rights and responsibilities.

Advantages of hiring a lawyer to draft or review a contract

• Accuracy and comprehensiveness: A lawyer can draft contracts that are legally sound and cover all aspects of the agreement.
• Customize as needed: Attorneys can tailor the terms of a contract to suit the specific needs of each party.
• Providing legal advice: A lawyer can provide advice on the rights and obligations of a contracting party.
• Reduce the risk of disputes: Having a lawyer review and draft the contract will reduce the risk of future disputes.

Disadvantages of hiring a lawyer

• High costs: Hiring a lawyer is often more expensive than using a contract.
• It takes longer: Hiring a lawyer to draft or review a contract can take longer than downloading a ready-made contract.

Investing in a Lawyer: It's Worth It in the Long Run

While the cost of hiring a lawyer may be higher in the short term, investing in this legal service can save you money in the long run, as your lawyer can prevent mistakes that could lead to costly lawsuits or disputes in the future.

Having an attorney help draft or review a contract also provides both parties with confidence that the agreed terms are fair and legal, which reduces the chances that the agreement will become a dispute in the future.

summarize

Both using a packaged contract and hiring a lawyer have their own advantages and disadvantages, depending on the user's needs. Using a packaged contract may be appropriate in some simple cases where additional legal advice is not required. However, hiring a lawyer ensures that the contract is comprehensive, legally sound, and appropriate for the specific situation, reducing risk and preventing future problems. While this may be more expensive in the short term, it is a worthwhile investment in protecting your long-term interests.

Written by:
Mr. Kritsanat Poolto

Summons and copy of complaint

Upon receipt of a civil summons with a copy of the complaint, the defendant must do the following:

1. Make a written statement and submit it to the court within 15 days.
   • According to the Civil Procedure Code, Section 177
   • If the summons is not signed, the court will post it at your place of residence. The summons is considered received after 15 days from the date it was posted (totaling 30 days to file a statement).
2. If the statement is not submitted on time
   • The court will hear the case one-sidedly and may rule in favor of the defendant.
   • The plaintiff can proceed with enforcement.

Types of subpoenas in civil cases

1. Civil summons
   • The statement must be filed within 15 days, or 30 days if the case is closed.
2. Summons for minor cases, simple cases, consumer cases
   • Must come to court on the appointed date for mediation, testimony and witness testimony.
   • Failure to appear in court may result in default and loss of the case.

Steps to take when receiving a court summons

1. Check the court order
   • Verify that the court has jurisdiction to hear the case.
   • Check the appointment date and the name of the other party.
2. Read the details in the court order.
   • Review case information, charges, and compliance requirements.
3. If you are unable to make it on the appointed day
   • You can submit a request to postpone the hearing date, but you must have a reasonable reason.
4. Prepare documents and evidence
   • Prepare contracts, receipts, or related evidence.
   • Prepare a statement or argument
5. Response to a subpoena
   • If a statement must be submitted, it must be done within the specified time.
6. Going to court
   • Must go to court on the specified date, time and place.
   • It is recommended that you have a lawyer join you in the lawsuit.
7. Trial
   • Civil cases can take a long time, and the court may schedule multiple hearings.
8. Management in case of losing a case
   • Must comply with court judgments
   • You can appeal if you disagree with the decision.
9. Compliance with court judgments
   • If a debt must be paid, it must be done in accordance with the court's regulations.
   • If you fail to comply, you may face enforcement action.
10. Seek advice from a lawyer

• A lawyer can help analyze the case, draft documents, and recommend the best course of action.

What is a counterclaim?

A counterclaim is when a defendant files a counterclaim against a plaintiff in the same case without having to file a new case, such as a loan, breach of contract, tort, or inheritance case. If the defendant has the right to claim from the plaintiff, he or she can use the right to counterclaim.

Benefits of counterclaims

1. No need to waste time filing a new lawsuit.
2. Easier to work as a defendant
3. Used as a negotiating point in mediation

Counterclaim Procedure

1. Filing a counterclaim
   • Must be submitted with the defendant's statement.
   • State the facts and evidence that support your claim.
2. Proceeding with the counterclaim procedure
   • The court will consider both the plaintiff's complaint and the defendant's counterclaim.
3. Filing a counterclaim
   • The plaintiff may file a motion to reject the counterclaim.
4. Trial and judgment
   • The court will consider the claims of both parties and make a decision based on the facts and law.

summarize

Receiving a subpoena in a civil case requires proper procedures to protect your rights. If you receive a subpoena, you should consult an attorney immediately to ensure proper legal proceedings and prevent future damages.

Citizens' rights when receiving a search warrant

1. Request the officer to show the search warrant.
   • A search warrant must be signed by a judge or court and clearly state the reason for the search, such as seeking items relevant to the case.
2. Check the search warrant carefully.
   • The name of the person requesting the search warrant must be an official with legal authority.
   • Location information must clearly state the address or location to be searched.
   • The searched items must be specified, such as weapons, drugs, or certain types of documents.
   • Verify that the date and search warrant number are correct.
3. Cooperate within the scope of the search warrant
   • Facilitate searches to clear up suspicions
   • It is not necessary to allow the officer to extend the search scope beyond what is specified.
4. Right to refuse search
   • If the search warrant is invalid or incomplete, the search can be refused.
   • If the officer has a valid search warrant, the public can request that the search warrant be followed only within the scope of the warrant.
   • If there is no search warrant and there is no clear legal reason, the homeowner can refuse entry into the home.
   • If you consent to a search, you should contact a lawyer to accompany you to the inspection.

What is a search warrant?

A search warrant is a document issued in a criminal proceeding that requires court approval to allow police officers to search a private place for illegal items. Before conducting the search, the warrant must be presented to the owner of the premises, and the search must be conducted during daylight hours (sunrise to sunset).

The secluded place Refers to private areas that are not public, such as houses, offices, and real estate that are displayed as a sign of privacy, such as by fencing or posting signs of private areas.

Reasons for which a search warrant can be issued (Section 69 of the Criminal Procedure Code)

1. To find and seize items that are evidence for the investigation
2. To find and seize illegal or illegally obtained items.
3. To find and assist persons who are being unlawfully detained or held.
4. To meet a person with an arrest warrant
5. To find and seize items according to a court judgment or order

Purpose of the search warrant

1. Search and seizure of items
2. Searching for personal assistance
3. Search for arrest of a warrant holder

The person with authority to issue a search warrant

• The court has the authority to issue search warrants.
• Search warrants are issued by the court at its discretion or at the request of an officer.

Qualifications of the officers named in the search warrant

• Must be a government official of level three or higher.
• Must be a police officer with the rank of Police Lieutenant or above.

Text that must be included in a search warrant

1. Place of issue
2. Date of issue
3. Reasons for issuing a warrant
4. Details of the location to be searched, the name of the person or thing to be searched
5. Specify the fault or safety method.
6. Court signature and seal

Written by Miss Nuchwara Banchobbaramee

In criminal cases, it is important to follow proper procedures to protect your client's rights and ensure the legal process flows smoothly. Here's what to do:

1. Verification of the court order

• The court summons will be sent to the registered address, and the clerk will deliver it to the mailbox or door of the house.
• It is not possible to claim that a subpoena was not received because it is considered a legally delivered matter.
• You should check the details of the warrant to see what type of warrant it is, who it is addressed to, and what action to take.

2. Preparation before going to court

• Read the court order carefully.: Check the information on the charges, date, time and place to be sure.
• Consult a lawyer: To receive advice on how to respond to allegations and protect your rights.
• Prepare evidence and witnesses: If there is evidence or witnesses that can help confirm your innocence, you should prepare them.
• Check your eligibility to apply for bail: If detained, bail can be requested according to court regulations.

3. Conduct in court

• Go to court as scheduled: If you do not appear in court on the scheduled date and time, an arrest warrant may be issued.
• Comply with court orders: Present yourself in order, maintain good manners, and cooperate with the trial process.
• Be careful with your words and statements.: If you do not wish to give evidence, you can exercise your right not to give evidence, but you should consult a lawyer first.

4. Consequences of not complying with the court order

Failure to comply with a court order in a criminal case can result in serious consequences, such as:

• He was further prosecuted for contempt of court.
• No bail granted
• The court may issue an arrest warrant.
• Fined or received additional penalties

summarize

When you receive a court summons in a criminal case, here's what you need to do:

1. Read the court order carefully.
2. Consult a lawyer
3. Prepare evidence and witnesses
4. Go to court as scheduled
5. Strictly comply with court orders

Following the correct procedures will ensure that the case proceeds fairly and minimizes potential legal repercussions.

Written by Miss Pimnada Chotinonphan

Infidelity is something that no one wants to happen because it can lead to family problems. Some couples can forgive each other, but others end up fighting or even resorting to violence. However, Thai law provides guidelines for dealing with cases where infidelity leads to divorce.

How to file for divorce under Thai law

If a couple wants to divorce, there are two ways to do so:

1. Divorce by Consent – Spouses can reach an agreement and register their divorce at the district office, with witnesses and in accordance with legal requirements.
2. Divorce – If either party does not consent, the law allows a lawsuit to be filed with the Juvenile and Family Court, with clear reasons as provided in Section 1516 of the Civil and Commercial Code, such as:
   • Spouse has an affair or inappropriate behavior
   • No foster care
   • Have mental health problems or serious illnesses that cannot coexist
   • The conflict is so severe that coexistence is impossible.

Is it possible to sue an adulterer but not get a divorce?

The law allows for adultery to be sued for damages under Section 1523 of the Civil and Commercial Code even if the plaintiff does not wish to divorce. This means that a spouse can seek damages from someone who had an adulterous relationship with their husband or wife without having to file for divorce.

Marriage equality law and divorce

The amendment of the Civil and Commercial Code (No. 24) B.E. 2567 has guaranteed the rights of same-sex couples, which means that divorce and adultery lawsuits can be filed according to the same principles as opposite-sex couples.

summarize

• Divorce There are two methods: divorce by mutual consent and divorce by filing for divorce.
• Adultery lawsuit It can be done without divorce to claim compensation.
• Marriage Equality Act Give couples of all genders the right to file for divorce and adultery.

A hire-purchase contract is a separate contract under the Civil and Commercial Code, which is widely used in the automobile hire-purchase business. Its main point is that the hire-purchaser must pay installments according to the agreed-upon terms. If the contract is breached, such as by missing several installment payments, the hire-purchaser has the right to repossess the vehicle and terminate the contract.

In cases where the lessee is no longer able to make the payments and wishes to return the vehicle, voluntary return of the vehicle without any default may result in waiving the responsibility for the difference arising from the auction sale of the vehicle. This shall be considered in accordance with the law and the Supreme Court's guidelines.

2. Considerations regarding relevant laws

Section 573 of the Civil and Commercial Code

1. The lessee has the right to terminate the contract at any time, even if it is not specified in the contract.
2. Termination of the contract requires the return of the leased property to the owner (financier), with the lessee paying the delivery costs.
3. If the lessee only notifies the contract termination but does not return the vehicle, the contract is not considered terminated.

3. In cases where you do not have to be responsible for the difference in cost

If the lessee returns the vehicle before he or she becomes the defaulter, for example:

• Unable to pay installments and return the car before the due date, 3 installments overdue
• Return the car without any collection fees
• Finance accepts return of the car without any conditions regarding the difference in price.

In such cases, if the finance company sells the vehicle at auction for a price lower than the remaining debt, the hire-purchaser is not liable for the difference, as the hire-purchase contract was terminated voluntarily by both parties.

4. Example of Supreme Court decision No. 5239/2018

• The lessee (Defendant 1) returned the car to the finance company without defaulting on the payment.
• The Supreme Court ruled that when the hire-purchase contract is terminated without the lessee being the party in breach of the contract, the financier has no right to claim the difference from the auction sale.
• The guarantor does not have to share responsibility for the difference.

5. How to return the car to the finance company

In the case that the finance company accepts the return of the car

1. Write a letter to terminate the lease contract and inform the finance company.
2. Inspect the vehicle before delivery and take photos as evidence.
3. Negotiate with the finance company to issue proof of vehicle return.
4. Review the document carefully before signing, avoiding any statements that require liability for the difference.

In the event that the finance company refuses to accept the vehicle back

1. Record the daily record as evidence.
2. Take the car to deposit the property at the Department of Enforcement.
3. Notify the finance company to come and collect the car back from the Department of Enforcement.

6. Precautions

• You should consult a lawyer before returning the car.
• If the finance company sues for the difference, you may have to fight the case using evidence.
• If the documents are incomplete or lost, it may result in losing the case.

Meaning of Notary

Notary It is a person appointed by the government to act as an inspector of documents or legal procedures to ensure compliance with legal requirements. Mostly, they act in legal transactions such as:

• Contract making
• Signing of documents
• Financial document certification

In some countries, such as United States or Europe Notaries play an intermediary role in legal transactions or financial business operations.

Duties of a Notary

1. Notarization of Signature
   • Verify the identity of the signer using identification documents such as an ID card or passport.
   • Verify that the signature is voluntary and not coerced.
   • Stamp a notary seal to verify that the signature is genuine.
2. Certified Copy
   • Compare the copied document with the original to verify its accuracy.
   • Certify that the copy is true to the original.
3. Witness oaths or affirmations (Oaths & Affirmations)
   • Act as a witness in cases where testimony or legal facts must be given.
4. Document Certification for Use Abroad (Apostille & Legalization)
   • Make documents effective abroad through Apostille (International Document Certification)
   • If the country is not a party to the convention Hague Convention Process may be required Legalization (Document certification through the embassy)

Notaries in Thailand

In Thailand, there is none. Notary Public Similar to the US or Europe, but with similar people performing similar functions:
“Notarial Services Attorney” Which is authorized by The Lawyers Council of Thailand

Qualifications of a notary public

• Is a lawyer who has passed the course “A lawyer who certifies signatures and documents.”
• Licensed by the Bar Council
• No history of dishonest misconduct

The purpose of notary certification

1. To verify the identity of the signer – Check your identification documents such as passports and national ID cards.
2. To confirm your willingness – Make sure that the signature is voluntary and not coerced.
3. To prevent document forgery – Help verify the accuracy of documents
4. To be used as legal evidence – Certified documents can be used as evidence in legal cases.
5. To be used for international transactions – Such as sales contracts, power of attorney
6. To ensure that documents are accepted abroad - pass Apostille or Legalization

summarize

Notaries play an important role in certifying documents and legal transactions to ensure the credibility of the documents and their use in legal proceedings or abroad.

In Thailand, there is none. Notary Public But there is “A lawyer who certifies signatures and documents.” which have similar roles. If you want to use a document certification service, you should check that the lawyer is registered with Lawyers Council Or not, and if the documents are required abroad, they may need to be certified in addition to Ministry of Foreign Affairs or Embassy Of the destination country

Written by Mr. Thanadon Phonlajim

Meaning of Notary Certification

Notarization is when a person is authorized by a relevant authority, such as an appointed lawyer. Notary Public Notaries act as certifiers for documents, signatures, or even witnesses in important transactions. Notarization can help reduce the risk of document forgery and increase confidence in various transactions.

The role and powers of a notary

In many countries, a notary is a government official with legal authority to certify documents. However, in Thailand, notarization is performed by a lawyer who is registered with the Lawyers Council as a “Notarial Services Attorney” The main roles of a notary include:

1. Signature Certification : To confirm that the person signing the document is the same person who is identified.
2. Certified copy of documents : To confirm that the copy of the document matches the original.
3. Certify testimony : In the event that a statement or testimony is given before a notary
4. Witness the transaction : A notary can be a witness to a contract or legal agreement.

Notary Certification Process

Notarization is a process that must be followed in order for the certified document to be legally valid. The general steps are as follows:

1. Document verification : A notary must verify the documents and persons involved.
2. Identification of the signer : Check your ID card or identification document.
3. Signature : The person who wishes to certify the document must sign in front of a notary.
4. Stamped and signed by a notary : The notary will sign and stamp the document to certify it.
5. Data recording : The notary will keep a record of the document certification as evidence.

The Importance of Notary Certification

Notarization is important in many areas, especially in transactions involving international law. For example:

1. Use of documents abroad Such as a power of attorney, business contract, or other legal document.
2. Transactions requiring high reliability Such as real estate trading, financial document certification
3. Preventing document forgery and fraud

Notary Certification in Thailand

In Thailand, notarization is performed by a lawyer licensed by the Lawyers Council of Thailand (Notarial Services Attorney) Individuals who wish to have their documents notarized can contact a qualified notary to request this service. Certification performed by a notary in Thailand can be used in many cases, such as conducting international transactions or submitting documents to embassies and other agencies.

Limitations of Notary Certification in Thailand

Although notary certification is important, in Thailand there are some limitations, such as:

1. A lawyer acting as a notary does not have the same authority as a notary in some countries. Such as the United States or France
2. Documents certified by a Thai notary may require additional certification from the Ministry of Foreign Affairs before being used abroad.

summarize

In order to use documents from abroad in Thai government agencies, especially in Thai courts, it is necessary to: Notarial Services Attorney The document or statement must be certified as correct in order to be used as evidence in legal proceedings before being able to exercise court rights. However, there is a caution: some courts may require that documents that have been notarized must be certified by the embassy or the Department of Consular Affairs. Therefore, if legal documents must be used in court, you should consult a licensed lawyer. (Notarial Services Attorney) To ensure that documents are legally certified

Setting up a legal entity in Thailand by a foreigner is a complex process that requires strict compliance with laws and regulations. Doing business in a country with a different culture, laws, and regulations from the home country requires a thorough understanding of all aspects. Therefore, foreign investors must prepare and thoroughly study the relevant laws to ensure that the business can operate legally and minimize potential risks.

Relevant laws and regulations

Setting up a legal entity by a foreigner requires compliance with important laws, such as the Foreign Business Act B.E. 2542 (1999), which sets restrictions on the types of business foreigners can conduct. Additionally, receiving promotion from the Board of Investment (BOI) and international agreements can make it easier to conduct business.

Types of legal entities that can be established

• Limited Company – Foreign investors prefer this type the most.
• Public Limited Company – Suitable for businesses that want to raise funds from the public.
• Joint Venture – A format where foreigners can invest together with Thai people

Procedures for establishing a juristic person

1. Check the company name
2. Register a juristic person with the Department of Business Development
3. Request a special permit (if any)

Shareholding Proportion Requirements

Generally, foreigners may hold no more than 49% of the registered capital, unless they are promoted by the BOI or have a special agreement that allows them to hold more shares.

Working in Thailand and applying for permits

Foreign investors wishing to work in Thailand must obtain a valid work permit and work visa.

Taxation and financial reporting

• Must comply with tax regulations such as corporate income tax and VAT.
• Legal entities must submit annual financial reports to the Revenue Department.

Adapting to Thai business culture

• Building good relationships with Thai partners is important.
• Understanding business negotiation methods and respecting local customs helps businesses run smoothly.

summarize

Setting up a legal entity in Thailand by a foreigner is a complex process. Foreign investors must thoroughly study the information and seek expert advice to ensure the business operates correctly and smoothly in the long run.