Legal Measures to Strengthen the Security of Electronic Wills in Thailand

Abstract

This research studies documents to analyze the concepts, security measures, and legal limitations of electronic wills in Thailand, comparing them to international standards and the laws of the United States, Australia, and Estonia. The study found that electronic wills in Thailand are currently not legally valid due to exceptions made by the Electronic Transactions Act and subordinate legislation for the creation of wills. This poses obstacles to digital lifestyles and for patients unable to create wills according to the Civil and Commercial Code. Key issues include data security risks from modification or cyberattacks, verification of the testator's identity and intent, the responsible agency, and budgetary constraints for infrastructure.
The research recommends that Thailand should enact and enforce specific electronic will laws, coupled with amendments to Section 1672 of the Civil and Commercial Code. This would empower the Ministry of Digital Economy and Society to issue ministerial regulations, establish a central system supporting biometric authentication, digital signatures, and video recordings to verify mental capacity, with the Electronic Transactions Development Agency setting technical standards and the Ministry of Interior acting as the custodian and verifier of digital identity verification. The goal is to create a new standard for ensuring transparency, security, and effectiveness of preserving a person's final will.