Legal Problems of Electronic Wills Legal Problems of Electronic Wills

Abstract

The purposes of this research were to study 1) To study the laws related to wills in both Thailand and internationally. 2) To suggest formats and methods for making a will in accordance with changing technology. Conduct studies and collect information on academic documents, articles, legal texts, and legal websites in Thailand and France. Data is separated into create a questions and comparative analysis to answer questions based on the objectives, It also provides suggestions on formats and methods for creating electronic wills that are reliable, secure, and legally effective, in line with evolving technology.

The research results revealed that:

1) Making a will in Thailand is based on specific formalities. If the will is not made in accordance with the legal requirements, it will be invalid. An important requirement is that the testator must have the capacity to make a will. This means they must be able to make clear decisions and understand the consequences of their actions. They must be at least the age specified by law and must not be in a mental state that affects their decision-making ability. Additionally, the will must be created based on the individual’s true intentions, without coercion or deception from others.

2) A will cannot be made in electronic form or use an electronic signature under the Electronic Transactions Act B.E. 2001. This is because the Royal Decree specifies the types of civil and commercial transactions exempt from the application of the Electronic Transactions Act, B.E. 2006. Section 3 (2) stipulates that the Electronic Transactions Act B.E. 2001, does not apply to inheritance transactions.

3) If Section 3 (2) of the Royal Decree is repealed and an electronic will is recognized as a valid type of wills through new legislation, it could specifically acknowledge the legal status of electronic wills and establish methods and formats for using electronic signatures, as well as secure and modern storage methods. These updates would help keep pace with the country’s evolving situation, making the system more responsive to the needs of people in today’s era.