(Legal Requirements and Benefits under Thai Law)
Planning to protect your assets in Thailand? Learn why having a Thai Will is essential for foreigners, legal forms, witness rules, and how to make it valid under Thai law.
💡 Introduction: Why Having a Will in Thailand Matters
If you own property, hold a Thai bank account, or have business interests in Thailand, creating a Last Will and Testament is one of the most important legal steps you can take.
Many foreigners assume that their home-country will automatically apply to their Thai assets — but under the Thai Civil and Commercial Code (CCC), Thai law governs all assets located in Thailand. Without a valid Thai will, your estate will be distributed by Thai courts according to statutory inheritance rules, which may not reflect your wishes.
⚖️ Benefits of Making a Will in Thailand
Ensure your assets go to the right people.
Under Sections 1629–1630 of the Civil and Commercial Code, inheritance follows a fixed order of heirs. A valid will allows you to choose your own beneficiaries.
Prevent family conflicts.
A clear, legally drafted will avoids disputes between Thai and foreign family members.
Save time and legal costs.
With a valid will, the court appointment of your estate administrator (ผู้จัดการมรดก) is smoother and faster.
Keep control of your legacy.
You can appoint a trusted executor, assign gifts, and even make charitable donations.
📜 Legal Basis and Types of Wills in Thailand
Wills in Thailand are governed by Book VI (Succession) of the Civil and Commercial Code (Sections 1599–1755).
The following forms are legally recognized:
Attested Will (Section 1656) – written or typed, signed by the testator in the presence of at least two witnesses.
Holographic Will (Section 1657) – entirely handwritten, dated, and signed by the testator.
Public Registered Will (Section 1658) – declared and signed before an officer at the district office (Amphur) with two witnesses.
Secret Will (Section 1660) – sealed and registered at the Amphur.
Oral Will (Section 1663) – valid only in emergency or life-threatening situations.
👩⚖️ Who Can Make a Will in Thailand?
Anyone 15 years or older with sound mind (Section 1703 CCC).
Both Thai nationals and foreigners may make wills for assets located in Thailand.
Many expats prepare a separate Thai will for local assets and a home-country will for overseas property to avoid jurisdictional overlap.
🧾 Key Elements of a Valid Thai Will
A proper Thai will should clearly include:
A declaration that it is your last will and testament.
Your full name, nationality, and address in Thailand.
A detailed list of your Thai assets (property, vehicles, bank accounts, shares).
Names of beneficiaries and specific bequests.
Appointment of an executor (ผู้จัดการมรดก).
Date, signature, and two witnesses present at the same time.
Optional: funeral wishes or charitable donations.
⚠️ Important Rule about Witnesses
Under Thai law, a witness or a writer to the will cannot be a beneficiary or receive any gift or inheritance under that same will, according to Section 1653.
⚠️ Common Mistakes to Avoid
Making a will in English only, without Thai translation or certification.
According to our experience handling many inheritance cases, this might look like a small issue, but let me tell you, in practice, it often leads to serious problems.
When a will is written in English only, beneficiaries or certain family members who receive less than they expected (or are not entitled at all) sometimes exploit translation ambiguities after the testator’s death.
They may claim that the true “intention of the deceased” was different from what the English text says, or that certain words in the will were mistranslated or misunderstood, all to gain more benefit from the estate.
These disputes can become complicated and costly, sometimes lasting for years.
Therefore, we always recommend that your will be prepared in bilingual format (English–Thai) and certified or registered to avoid any possible reinterpretation in court.
Failing to meet the formal requirements (missing or invalid witnesses).
Forgetting to update the will after major life changes.
Keeping the will hidden or inaccessible.
✅ Practical Tips
Prepare a bilingual (English–Thai) will to ensure clarity in both court proceedings and among heirs. Subject to the relevant law, to appoint an estate executor in court requires a Thai certified translation in every case.
Consult a qualified Thai lawyer to review or draft your will, to make sure every clause complies with Thai law and is legally enforceable in court.
Keep copies of your will with your lawyer or appointed executor for safekeeping.
Based on our experience, this point may sound simple but can become a serious issue in practice.
In many cases we have handled, stakeholders such as personal secretaries, family assistants, or even private bankers have added to or altered content in a will before it is presented to the court, sometimes to “clarify” something, and at other times to manipulate it.
Review and update your will regularly, especially after major life events like marriage, divorce, or acquiring new assets.
💬 Conclusion
Having a valid Thai will is not just about legal formality, it’s about peace of mind.
It ensures your assets are distributed according to your wishes, avoids disputes, and simplifies the process for your loved ones.
If you own property, bank accounts, or company shares in Thailand, now is the right time to prepare your Thai will.
📞 Need Legal Help about the will in Thailand?
We are prompt to assist you with our experienced lawyer and translator only. You can simply contact us in either English or Thai.
📧 wpk.notary@gmail.com
📲 Line: @519clses
📍 Facebook: WPK Notary
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