A Last Will and Testament in Thailand is a legal document that ensures a person’s assets are distributed according to their wishes upon death. Without a valid will, a person’s estate will be distributed under Thailand’s intestacy laws, which may not reflect the deceased’s intentions.
Thai law allows both Thai nationals and foreigners to draft wills in Thailand, provided they meet legal requirements and follow the Civil and Commercial Code (CCC) regarding inheritance and succession. Understanding the types of wills, formalities, and probate process is essential to ensure that a will is legally enforceable in Thailand.
This article provides a detailed guide to drafting, executing, and enforcing a Last Will and Testament in Thailand, covering legal procedures, inheritance laws, and common pitfalls.
1. Legal Framework for Wills and Succession in Thailand
The primary law governing wills and inheritance in Thailand is the Civil and Commercial Code (CCC), Book VI (Sections 1599-1755). This law defines:
✔ The right to make a will and its legal requirements.
✔ The categories of legal heirs under Thai succession law.
✔ The process of probate and estate administration.
✔ Foreigners can make a will in Thailand, but it must comply with Thai law to be valid within the country.
🔴 Important Note:
✔ Thailand does NOT recognize common law wills or foreign wills unless they comply with Thai succession laws.
2. Why Is a Last Will and Testament Important in Thailand?
✔ Ensures that assets are distributed according to the testator’s wishes.
✔ Avoids complications from Thailand’s intestate succession laws (which may distribute assets differently than intended).
✔ Prevents family disputes and delays in probate court proceedings.
✔ Allows foreigners to control the inheritance of their Thai assets, including real estate, bank accounts, and investments.
Without a valid will, Thai law automatically distributes assets to legal heirs in a fixed order, which may exclude intended beneficiaries such as unmarried partners or stepchildren.
3. Who Can Make a Will in Thailand?
✔ Any person over 15 years old can make a will under Thai law.
✔ The testator must be mentally competent at the time of signing.
✔ The will must be made voluntarily and free from coercion.
If a person lacks mental capacity or was coerced, the will can be challenged in court and declared invalid.
4. Types of Wills Recognized Under Thai Law
Thailand recognizes several types of wills, each with specific requirements:
4.1 Holographic (Handwritten) Will (Section 1656 CCC)
✔ Written entirely by the testator’s hand.
✔ Must include the date, full name, and clear intentions.
✔ No witnesses are required.
✔ Best for small estates but can be challenged if unclear.
4.2 Witnessed (Standard) Will (Section 1656 CCC)
✔ The most common type of will in Thailand.
✔ Must be in writing, signed, and dated.
✔ Requires at least two competent witnesses.
✔ Must clearly state who inherits what assets.
4.3 Public Will (Section 1658 CCC)
✔ Made in front of a government official at the local Amphur (District Office).
✔ The testator declares their intentions verbally or in writing.
✔ The official records and registers the will.
✔ Legally strong and difficult to challenge.
4.4 Secret Will (Section 1660 CCC)
✔ The testator submits a sealed document to an official, signed by two witnesses.
✔ The document is kept confidential until death.
✔ Rarely used due to its complexity.
4.5 Oral (Verbal) Will (Section 1657 CCC)
✔ Allowed only in exceptional circumstances (e.g., emergencies).
✔ Must have at least two witnesses who later testify in court.
✔ Difficult to prove and rarely upheld.
5. What Can Be Included in a Last Will and Testament in Thailand?
✔ Distribution of Assets – Specifies who inherits real estate, bank accounts, investments, vehicles, and personal property.
✔ Appointment of an Executor – A responsible person who administers the estate and distributes assets.
✔ Guardianship for Minor Children – Allows a parent to nominate a guardian if both parents are deceased.
✔ Special Instructions – Includes funeral wishes, debt payments, or donations.
6. Thai Intestate Succession (If No Will Exists)
If a person dies without a will, Thai law distributes assets in the following order (Section 1629 CCC):
1️⃣ Children (legitimate or legally recognized)
2️⃣ Parents
3️⃣ Spouse (if legally married)
4️⃣ Siblings of full blood
5️⃣ Half-siblings
6️⃣ Grandparents
7️⃣ Aunts and Uncles
✔ If multiple heirs exist, assets are divided among them based on Thai inheritance laws.
✔ Unmarried partners and stepchildren are NOT legal heirs unless named in a will.
7. Execution of a Will and Probate Process in Thailand
✔ Upon death, the executor or an heir must file a petition in the Family Court for probate.
✔ The court reviews the will’s validity and appoints an executor to distribute assets.
✔ Probate can take 6–12 months, depending on the complexity of the estate.
✔ If there is no will, the court appoints an administrator to distribute the estate according to Thai intestate law.
8. Can a Will Be Contested in Thailand?
Yes. Heirs or interested parties can challenge a will based on:
✔ Fraud or Forgery – If the document is suspected to be fake.
✔ Lack of Mental Capacity – If the testator was mentally unfit at the time of writing.
✔ Coercion or Undue Influence – If the testator was forced or manipulated.
✔ Procedural Errors – If the will does not meet legal requirements.
If the court finds the will invalid, the estate is distributed under Thai intestacy laws.
9. Special Considerations for Foreigners in Thailand
✔ Foreigners can make a will in Thailand to cover assets such as Thai bank accounts, property, and businesses.
✔ It is advisable for foreigners to have separate wills for assets in Thailand and their home country.
✔ A foreign will covering Thai assets must be legalized and translated for use in Thai probate courts.
🔴 Foreign property ownership restrictions apply – Foreigners can only inherit Thai real estate if they qualify under Thai land laws.
10. Key Mistakes to Avoid When Making a Will in Thailand
| Mistake | Consequence |
|---|---|
| No clear asset distribution | Court applies default intestate succession laws. |
| No executor appointed | The court chooses an administrator, leading to delays. |
| No witnesses (for standard wills) | The will may be invalid. |
| Conflicting wills (Thai vs. foreign) | Probate may be delayed due to legal disputes. |
| Foreign will not translated/legalized | Thai courts may not accept it. |
11. Conclusion
Having a Last Will and Testament in Thailand is essential for ensuring that assets are distributed according to personal wishes rather than Thai intestate laws. Proper drafting, execution, and probate planning prevent inheritance disputes and legal complications.
For foreigners, making a valid will in Thailand that aligns with local and international inheritance laws ensures that assets are efficiently passed to beneficiaries without unnecessary delays or legal hurdles.