Section 1654
Statutory text (Thai original)
ความสามารถของผู้ทำพินัยกรรมนั้น ให้พิจารณาแต่ในเวลาที่ทำพินัยกรรมเท่านั้นความสามารถของผู้รับพินัยกรรมนั้น ให้พิจารณาแต่ในเวลาที่ผู้ทำพินัยกรรมตายเท่านั้น
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
The capacity of the testator must be considered only as at the time when the will is made. The capacity of the legatee must be considered only as at the time when the testator dies.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1654 is part of Book 6 (Succession) of the Thai Civil and Commercial Code. This entry is awaiting firm-authored commentary; the statutory text above is verbatim from the Office of the Council of State (OCS Krisdika) Thai source, with the English translation from the FAO/UN FAOLEX repository. Always rely on the Thai original for legal proceedings.
Why this matters in practice
For lawyers: a testator who was of sound mind when signing is bound by the will even if they later become mentally incapacitated; a later incapacity does not invalidate the will. Conversely, if the intended legatee dies before the testator, the legacy lapses (§1698) — the legatee must have capacity to receive at the moment of the testator's death. For clients: having a doctor's assessment at the time of signing can help establish the testator's sound mind if the will is later challenged.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 1790/2530 (1987)
The testator's capacity under §1654 is assessed only at the time of execution; no medical certificate is required for official document wills, as the presiding officer is competent to assess soundness of mind.
A will in the official document form was executed at a hospital. The court held that no medical certification of the testator's mental state was required for this will form; the district officer or deputy district officer overseeing execution is competent to assess whether the testator has sound mind, and the testator's capacity is assessed only at the time of execution.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.