Last Will and Testament in Thailand. Planning for the future is a universal concern, and in Thailand, creating a Last Will and Testament is an important way to protect assets and ensure family members are cared for after one’s passing. Thai succession law has unique rules that differ from many Western jurisdictions, making it especially important for both Thai nationals and foreigners with assets in Thailand to understand the process.
This article provides a detailed look at the legal framework, requirements, forms of wills, execution, and probate procedures under Thai law.
Wills and succession are governed by the Thai Civil and Commercial Code (CCC), Book V, Sections 1599–1755.
Key principles include:
If a person dies without a valid will (intestate), assets are distributed according to statutory succession.
A valid will allows the testator (the person making the will) to control how assets are distributed.
Strict formal requirements apply; otherwise, the will may be invalid.
To make a valid will under Thai law, the testator must:
Be at least 15 years old.
Be of sound mind at the time of making the will.
Foreigners with assets in Thailand may make a Thai will covering only Thai property. Many choose to create separate wills — one in Thailand and one in their home country — to avoid conflicts of law.
Thai law recognizes several types of wills:
Entirely handwritten by the testator.
Must include date and signature.
Not valid if typed or printed.
Declared to a public officer (e.g., district registrar).
Officer records it and the testator signs.
Provides strong legal certainty.
Written and signed by testator, then sealed and presented to a public officer in front of witnesses.
Rare in practice.
Most common form.
Must be signed by testator in the presence of at least two competent witnesses, who also sign.
Allowed only in emergencies (e.g., imminent danger of death).
Requires at least two witnesses.
Must later be proven in court.
A Thai will should include:
Full identification of the testator (name, nationality, ID/passport details, address).
A statement declaring it is the Last Will and Testament.
List of heirs/beneficiaries.
Appointment of an executor to manage the estate.
Date and place of signing.
Proper witness signatures (unless another will type applies).
If there is no valid will, Thai law distributes assets to statutory heirs in the following order:
Descendants (children, grandchildren).
Parents.
Brothers and sisters of full blood.
Brothers and sisters of half blood.
Grandparents.
Uncles and aunts.
A surviving spouse has rights in addition to these classes of heirs, depending on who else survives.
The executor carries out the terms of the will. Responsibilities include:
Collecting and inventorying assets.
Paying debts and taxes.
Distributing assets to heirs.
Executors must apply to the Thai Probate Court for formal appointment before taking legal action on behalf of the estate. If no executor is named, the court appoints an administrator.
Steps in the Thai probate process:
Petition filed in the Thai court (with will and death certificate).
Court verifies the validity of the will.
Executor is formally appointed.
Assets and liabilities are inventoried.
Creditors are paid.
Remaining assets are distributed to heirs.
Duration: Typically several months to over a year, depending on complexity and disputes.
Ambiguity: Vague terms may cause disputes. For example, leaving property “to my children” may create confusion if stepchildren are involved.
Improper witnesses: Witnesses must be competent adults, not beneficiaries.
Multiple jurisdictions: If assets exist in multiple countries, conflicting wills can create problems.
Failure to update: Divorce, new children, or property acquisitions require revising the will.
Language issues: Wills in English may be valid, but a certified Thai translation is required in court.
Property rights: Foreigners cannot own land but can own condominiums, lease rights, and buildings. These can be disposed of by will.
Bank accounts: Thai banks require probate before releasing funds, even if heirs are named.
Marriage to Thai nationals: Foreign spouses often create wills to protect their share of assets and provide clarity for mixed-nationality families.
Taxation: Thailand imposes inheritance tax on estates exceeding THB 100 million, though exemptions apply for spouses and descendants.
Use clear, specific language.
Appoint a reliable executor.
Have the will prepared or reviewed by a Thai lawyer to ensure compliance with the CCC.
Keep the original in a safe location (lawyer’s office or safe deposit box).
Inform family and executor of the will’s existence.
Update the will after major life changes.
✔ Testator meets legal age and capacity.
✔ Correct type of will selected (holographic, witnessed, public, etc.).
✔ Proper witnesses (two competent adults if required).
✔ Clear list of beneficiaries and assets.
✔ Executor appointed.
✔ Will signed, dated, and stored safely.
✔ Professional legal advice obtained.
A Last Will and Testament in Thailand ensures that assets are distributed according to the testator’s wishes, reduces disputes among heirs, and provides legal clarity. The Civil and Commercial Code provides several valid forms of wills, but strict compliance with formalities is essential for validity.
For foreigners, drafting a Thai will covering assets in Thailand is especially important to avoid delays, translation issues, and jurisdictional conflicts. Professional legal assistance helps ensure compliance with Thai law and smooth probate proceedings.
Disclaimer: This article provides general information on wills and succession law in Thailand. It is not legal advice. For individual situations, consult a licensed Thai lawyer experienced in probate and estate planning.
Warning: Undefined array key "preview" in /home/phuketla/public_html/attorneys-phuket.com/wp-content/plugins/oxygen/component-framework/components/classes/comments-list.class.php on line 102