Last Will and Testament in Thailand

Last Will and Testament in Thailand. Making a clear, legally valid will is the single most effective way to control what happens to your assets in Thailand after you die. Thai succession law has predictable default rules (statutory heirs, probate court process and specific formalities for wills), but the details — the form the will takes, how to deal with Thai land, and whether foreign wills will be enforced — matter enormously in practice. Below is a practitioner-focused walkthrough: types of wills and formalities, capacity and witnesses, probate and intestacy, tax and cross-border issues, and a practical checklist you can act on today.

1) The legal framework — statutory starting points

Thai wills and succession are governed by Book VI of the Thai Civil and Commercial Code (succession). A will is the principal private method to depart from the statutory distribution rules; without a valid will the estate is distributed according to the heir classes set out in the Code (descendants, parents, siblings, grandparents, aunts/uncles), with the surviving spouse having a defined share depending on who else survives. The probate court supervises transfer of Thai-situs assets and issues the orders authorities and registries require.

2) Types of valid wills in Thailand (and which to pick)

Thai law recognizes several formal will types — choose the one that fits your circumstances:

• Simple written will (Section 1656 CCC): written, dated and signed by the testator in the presence of at least two witnesses who also sign. This is the common, reliable form for most expats and Thais.

• Holographic will (Section 1657): the entire will must be handwritten by the testator, dated and signed; no witnesses are required. It’s useful in an emergency but more vulnerable to challenge (proof of handwriting and capacity issues).

• Public-document will (Section 1658): the testator declares orally before the Amphoe (district office) official and two witnesses; the official records and certifies it — a high-integrity option because the state records the declaration.

• Secret-document will (Section 1660) and oral wills (Sections 1662–1663) exist for special circumstances (sealed wills submitted to the Amphoe, or oral wills in imminent-death situations) but have strict rules and practical limits.

Practical rule: for routine estate planning use a clear written witnessed will in Thai (and a concurrent English version if you prefer), or a public-document will at the Amphoe if you want state certification at signing.

3) Who can make a will — capacity and age

Any person aged 15 or over with testamentary capacity may make a will under Thai law. Capacity means the testator must understand the nature and extent of their assets and who might reasonably be their heirs. If capacity is contested after death, courts examine medical records, contemporaneous evidence and witnesses’ accounts. Keep medical evidence if capacity may be an issue.

4) Witnesses and disqualified witnesses

Witnesses must be competent adults and must not be beneficiaries (or the spouse of a beneficiary) under the will — a common source of later invalidation. Deaf, mute, blind persons or legally incompetent persons cannot act as witnesses. Use independent, neutral witnesses and record their ID details in the will file.

5) Executors, estate administrators and the probate route

You can nominate an executor (ผู้จัดการพินัยกรรม) in the will to administer your estate. Even when an executor is appointed, Thai authorities usually require a probate order from the local Civil Court before banks, Land Office or government agencies will transfer assets or change registration. The probate application can be made by statutory heirs, beneficiaries or the nominated executor; courts typically take several weeks to months depending on complexity. For foreign-situs deaths or foreign wills, Thai courts will still require either domestic probate or recognition steps.

6) Intestacy (no will) and statutory shares

If no valid will exists, succession follows statutory classes (Article 1629 onward). The surviving spouse’s share depends on which classes of heirs exist (e.g., spouse + children → spouse gets same share as a child; spouse + parents only → spouse gets half). This statutory ladder can produce surprising outcomes for blended or international families — so a will is the way to avoid rigid results.

7) Thai land, foreign beneficiaries and ownership limits

Special caution if your estate includes land or other Thai-situs real estate. Foreigners face limits on ownership of land in Thailand — owning land via title in a foreigner’s name can be blocked or require special structures. A will cannot create ownership that local law forbids; it can only direct who receives your legal interest. For foreign heirs who may expect to inherit land, plan with a Thai lawyer: consider leases, segregated ownership structures or a Thai-language will that addresses the realities of title transfer at the Land Office.

8) Tax exposure — recent inheritance tax rules

Thailand now imposes inheritance tax in practice for larger estates. Recent summaries show spouses exempt, 5% for direct ascendants/descendants, and 10% for other beneficiaries, with practical thresholds and reliefs applying to large estates (policies and numeric thresholds have been updated in recent years — check current Revenue Department guidance for exact thresholds and filing rules). High-net-worth families should model exposure and use lifetime gifting or structure changes where appropriate.

9) Foreign wills & cross-border considerations

Foreign wills can be admitted in Thai probate, but they must be properly legalized and translated, and courts will still apply Thai formalities for probating Thai-situated assets. If you have assets in multiple countries:

• consider separate local wills limited to each jurisdiction (e.g., a Thailand-only will covering Thai assets) to avoid conflicts; or

• ensure a foreign will expressly addresses Thai-situated assets and that you follow Thai execution formalities or a local notarial/pubic-document route.
  Always legalize (apostille or consular legalization) and provide certified Thai translations for foreign documents submitted to Thai courts.

10) Practical drafting tips & a closing checklist

• Draft in Thai (or have a Thai-language version). Thai registries and courts prefer Thai text; translation issues cause delay.

• Use independent witnesses; record their full names, national ID/passport numbers and addresses.

• Give clear dispositions for Thai assets (property, bank accounts), name the executor and provide alternative executors.

• Address minors and guardianship (appoint guardians and trustees for minor beneficiaries and state how funds should be held).

• Keep originals safe: deposit a public-document will at the Amphoe or keep originals with your Thai lawyer and leave clear instructions where to find them. Note: public/secret wills deposited at the Amphoe are protected from disclosure during your life.

Day-one checklist

1. List all Thai-situs assets (land, condos, cars, bank accounts, companies).

2. Decide primary and contingent beneficiaries and name an executor.

3. Choose will form (written witnessed or public-document recommended).

4. Book a Thai lawyer to draft/translate and to register or store the original.

5. Legalise and translate any foreign certificates you’ll rely on (marriage, birth).

6. Review tax modelling with a Thai tax adviser if the estate may exceed reporting thresholds.

Final practical note

A well-drafted Thai will avoids probate delay, reduces family conflict and enables clear transfer of property — but getting the form, language and practical steps right is essential.