Last Will and Testament in Thailand. Estate planning is often overlooked, yet it is a critical legal safeguard, especially for foreigners with assets or family ties in Thailand. A Last Will and Testament ensures that your assets are distributed according to your wishes, reduces disputes among heirs, and provides clarity for loved ones during a difficult time.
Thailand has its own succession laws, procedures, and court practices that differ from many Western jurisdictions. Understanding how a will functions under Thai law, who can make one, and how it should be drafted can help prevent costly and stressful legal complications.
1. Legal Framework for Wills in Thailand
Wills in Thailand are governed primarily by the Civil and Commercial Code (CCC), Book V (Sections 1599–1755). These provisions regulate succession, the formalities of wills, the rights of heirs, and the administration of estates.
Key principles include:
- If a person dies without a valid will, succession is governed by statutory rules, with heirs inheriting according to classes of kinship.
- A valid will allows the testator (the person making the will) to designate beneficiaries, appoint an executor, and make special arrangements.
- Wills in Thailand must comply with the strict forms prescribed under the CCC, or they risk being declared invalid.
2. Who Can Make a Will in Thailand?
A person must have legal capacity to create a valid will:
- Age: At least 15 years old.
- Mental condition: Must be of sound mind at the time of making the will.
- Foreign nationals: May make wills under Thai law concerning assets located in Thailand (real estate, bank accounts, vehicles, personal property).
Foreigners with property both in Thailand and abroad may choose to create separate wills — one in Thailand for Thai assets, and one in their home country for assets there.
3. Forms of Wills Recognized in Thailand
The Civil and Commercial Code recognizes several valid forms of wills. Each has its own requirements:
- Holographic Will (Section 1657 CCC)
- Entirely handwritten, dated, and signed by the testator.
- Must be written in the testator’s own hand (typed or printed text is invalid).
- Public Document Will (Section 1658 CCC)
- Declared to a public officer (e.g., district office registrar).
- Officer records the declaration and testator signs.
- Provides strong legal certainty, though less commonly used by foreigners.
- Secret Document Will (Section 1660 CCC)
- Written and signed by the testator, then sealed and handed to a public officer in front of witnesses.
- Rarely used due to complexity.
- Will Made in Front of Witnesses (Section 1656 CCC)
- Most common form.
- Must be in writing, signed by the testator, and witnessed by at least two competent witnesses.
- Witnesses must also sign to confirm.
- Oral Will (Section 1663 CCC)
- Allowed only in exceptional circumstances (imminent danger of death, such as serious illness or accident).
- Requires at least two witnesses.
- Must later be proven in court with strong evidence.
👉 Practical note: For foreigners, the will in front of witnesses is the most widely used format, as it balances accessibility with legal reliability.
4. Essential Elements of a Valid Will
For a will to be upheld under Thai law, it must contain:
- Clear identification of the testator (name, nationality, address, passport or ID details).
- Declaration of intent: The document must express that it is the testator’s last will.
- Appointment of heirs/beneficiaries: Specific individuals or institutions.
- Appointment of an executor: Responsible for carrying out the terms of the will and administering the estate.
- Date and place: To determine validity if multiple wills exist.
- Witness signatures: At least two, unless another form (like holographic or public) is used.
5. Heirs and Statutory Rights in Thailand
If a person dies without a valid will, the law distributes assets to statutory heirs in the following order:
- Descendants (children, grandchildren).
- Parents.
- Full siblings.
- Half-siblings.
- Grandparents.
- Uncles and aunts.
A surviving spouse always has inheritance rights, which vary depending on the class of other heirs.
👉 Even when a will exists, Thai law protects legitimate children and spouses by restricting certain disinheritance attempts.
6. Executors and Estate Administration
An executor is the person appointed in a will to manage the estate. Their duties include:
- Collecting and inventorying assets.
- Paying debts and taxes.
- Distributing assets to heirs.
Executors must apply to the Thai Probate Court for appointment before they can legally administer the estate. If no executor is named, the court will appoint an administrator.
7. Common Issues and Pitfalls
- Ambiguity: Vague wording may lead to disputes. For example, “I leave my property to my children” may be unclear if stepchildren are involved.
- Invalid witnesses: Witnesses must be competent adults (not minors, mentally incapacitated, or beneficiaries under the will).
- Language barriers: A will written in English may be valid, but the Thai court will require an official Thai translation.
- Multiple jurisdictions: If a foreigner has assets in multiple countries, coordination between wills is essential to avoid conflicts.
- Failure to update: Life changes (marriage, divorce, children, asset purchases) require updating the will.
8. Special Considerations for Foreign Nationals
Foreigners often face additional challenges:
- Real Estate: Foreigners cannot generally own land but may own buildings, condos, and leasehold rights. These can be disposed of by will.
- Bank Accounts: Thai banks release funds only after probate court orders, even if heirs are named in the will.
- Retirement or Marriage in Thailand: Foreigners married to Thai nationals often use wills to safeguard spousal and children’s inheritance rights.
9. Drafting and Safekeeping
Drafting
It is strongly advised to have the will drafted or reviewed by a Thai lawyer experienced in succession law. This ensures compliance with the CCC, avoidance of vague language, and recognition by Thai courts.
Safekeeping
- Keep the original in a secure place (lawyer’s office, safe deposit box).
- Inform the executor and family of its existence.
- Registering with a district office is optional but provides additional certainty.
10. Probate and Enforcement
After death, the executor (or interested heir) must file a petition with the Thai Probate Court.
Steps include:
- Submitting the will and death certificate.
- Proving the will’s validity.
- Court appoints executor.
- Executor administers estate and distributes assets.
Probate proceedings may take several months to over a year, depending on complexity and disputes.
Conclusion
Creating a Last Will and Testament in Thailand is an essential part of protecting one’s family, assets, and wishes. Thai law provides multiple valid formats for wills, but strict formalities must be followed to ensure validity. For foreigners, unique considerations — such as property restrictions, multiple jurisdictions, and translation issues — make professional legal guidance highly recommended.
A well-drafted Thai will not only ensures your wishes are respected but also reduces the burden on loved ones at a difficult time.
Disclaimer: This article provides general information on Thai succession law. It is not legal advice. For personal guidance, consult a licensed Thai attorney experienced in probate and estate planning.