A Last Will and Testament in Thailand is a crucial legal instrument that allows an individual to control how their assets are distributed after death. Whether the testator is a Thai national or a foreigner owning assets in Thailand, a properly drafted and executed will helps prevent family disputes, delays, and unintended consequences under Thailand’s statutory inheritance laws. Thai succession law is formalistic, and failure to comply with legal requirements can render a will invalid.
This article provides an in-depth explanation of wills in Thailand, covering the legal framework, recognized forms of wills, inheritance rules, probate procedures, foreigner-specific issues, and practical estate planning strategies.
1. Legal framework governing wills in Thailand
Wills and succession in Thailand are governed primarily by Book VI of the Thai Civil and Commercial Code (CCC), Sections 1599–1755. Thai law recognizes the right of any person aged 15 years or older and of sound mind to make a will.
A will becomes effective only upon the death of the testator and must comply strictly with statutory form requirements. Unlike some jurisdictions, Thailand does not recognize informal or implied testamentary intentions.
2. Importance of having a will in Thailand
Without a valid will, the deceased’s estate is distributed according to statutory intestate succession, which may not reflect personal wishes. This is especially problematic when:
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The deceased has a foreign spouse or children
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Assets are located in multiple countries
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There are stepchildren or non-marital dependents
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Business ownership is involved
A will provides clarity, reduces disputes, and expedites estate administration.
3. Types of wills recognized under Thai law
Thailand recognizes several forms of wills, each with strict requirements.
3.1 Written will (Section 1656)
This is the most common form. It must:
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Be in writing
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Be signed by the testator
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Be witnessed by at least two witnesses present at the same time
Witnesses must be legally competent and cannot be beneficiaries under the will.
3.2 Holographic will (Section 1657)
A handwritten will must:
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Be entirely handwritten by the testator
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Be dated
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Be signed by the testator
Witnesses are not required, but this form carries a higher risk of disputes.
3.3 Public will (Section 1658)
This will is made before a district officer (Amphur) and two witnesses. It is officially recorded and offers high legal certainty.
3.4 Secret will (Section 1660)
The contents remain confidential, but the sealed document is formally acknowledged before officials and witnesses.
3.5 Oral will (Section 1663)
Allowed only under exceptional circumstances, such as imminent danger of death. This form is rarely used and often challenged.
4. Capacity and limitations of a testator
To make a valid will, the testator must:
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Be at least 15 years old
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Be of sound mind
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Act voluntarily, without coercion or fraud
A will may be invalidated if proven that the testator lacked capacity or was unduly influenced.
5. Assets that can be disposed of by will
A will may cover:
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Real estate (land, houses, condominiums)
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Bank accounts and investments
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Business shares
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Vehicles
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Personal property
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Intellectual property rights
However, marital property rules affect what may be disposed of.
6. Marital property and wills in Thailand
Under Thai law:
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Sin Somros (marital property) is jointly owned
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Sin Suan Tua (personal property) belongs to one spouse
Only half of the marital property belongs to the deceased’s estate. The surviving spouse automatically retains the other half. A will cannot override this statutory entitlement.
7. Statutory heirs and forced heirship considerations
Thailand does not impose forced heirship in the same way as some civil law jurisdictions, but statutory heirs have strong inheritance rights in intestacy cases.
Statutory heirs are divided into six classes:
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Descendants
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Parents
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Brothers and sisters of full blood
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Brothers and sisters of half blood
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Grandparents
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Uncles and aunts
The surviving spouse inherits alongside these classes depending on who survives.
A will allows deviation from statutory distribution, but it must be explicit.
8. Appointment of executor
A will should appoint an executor, who is responsible for:
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Managing the estate
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Paying debts and taxes
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Distributing assets
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Representing the estate in court
If no executor is named, the court will appoint one, which can delay proceedings.
9. Probate and court procedures
All wills in Thailand must undergo probate proceedings in the Thai courts before assets can be transferred. The probate process involves:
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Filing a petition with the court
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Verification of the will’s validity
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Appointment of the executor
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Court order authorizing estate administration
Probate timelines vary but commonly take several months.
10. Foreigners and cross-border estate planning
Foreigners owning assets in Thailand should strongly consider a Thailand-specific will, even if they already have a foreign will. Key considerations include:
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Thai courts apply Thai law to assets located in Thailand
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Foreign wills may require translation and legalization
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Conflicting wills may cause disputes
Separate wills for different jurisdictions are often recommended to avoid conflicts.
11. Revocation and amendment of wills
A will may be revoked or amended by:
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Creating a new will
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Express revocation
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Physical destruction with intent
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Making a later will that contradicts the earlier one
Marriage automatically revokes a prior will unless it states otherwise.
12. Common causes of invalid wills
Frequent issues include:
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Improper witnessing
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Beneficiaries acting as witnesses
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Lack of capacity
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Ambiguous language
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Undisclosed revocation
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Conflicts with marital property law
Professional drafting significantly reduces these risks.
13. Practical estate planning strategies
Effective planning includes:
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Clear asset inventory
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Proper classification of marital and personal property
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Appointment of a reliable executor
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Periodic updates
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Coordination with foreign estate plans
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Legal advice tailored to Thai law
A will should be part of a broader estate planning strategy.
Conclusion
A Last Will and Testament in Thailand is a powerful legal tool that ensures assets are distributed according to personal wishes while complying with Thai law. Given the formal requirements, marital property rules, and mandatory probate process, careful drafting and legal guidance are essential—particularly for foreigners and those with complex estates.
A valid and well-structured will minimizes disputes, protects beneficiaries, and provides certainty during a difficult time. In Thailand’s legal system, proactive estate planning is not merely advisable—it is essential.
