Thailand has long been a popular destination for foreign investors, retirees, and expats seeking to build a life in the Land of Smiles. Many of them acquire assets—such as property, vehicles, businesses, or bank accounts—while living in Thailand. However, one crucial matter often overlooked is succession planning, especially the preparation of a legally binding Thai Will. Without one, the distribution of assets after death can become a complicated, time-consuming, and emotionally taxing process for surviving loved ones.
This article explores the importance of having a Thai Will and a clear succession plan in place, especially for foreigners with assets or family in Thailand.
A Will is a legal document that outlines how your assets should be distributed after your death. While many foreigners already have a Will in their home country, that document may not automatically apply or be enforceable under Thai law.
Here are several reasons why having a Will drafted according to Thai legal standards is essential:
Thailand’s succession laws are governed by the Civil and Commercial Code (Book VI: Succession). Without a valid Thai Will, the estate will be distributed according to statutory inheritance rules, which may not reflect your personal wishes. This includes the order of heirs, division of property, and handling of debts.
Under Thai law, statutory heirs are ranked in six classes:
Descendants (children, grandchildren)
Parents
Brothers and sisters of full blood
Brothers and sisters of half blood
Grandparents
Uncles and aunts
If no legal heir is present, the estate passes to the state. Having a Will ensures your estate is distributed exactly as you wish, avoiding default distribution rules.
While Thailand may recognize a foreign Will, it must be translated into Thai, notarized, and possibly legalized through your embassy or Thai courts. This process is time-consuming, expensive, and may still result in delays or partial enforceability.
A properly drafted Thai Will:
Is written in Thai (and possibly bilingual for clarity)
Complies with local legal formalities
Can be immediately submitted to a Thai court for probate
This streamlines the estate administration process for your heirs, saving time and legal costs.
Foreigners often acquire assets in Thailand through leaseholds, condominium purchases, business shareholdings, or Thai limited company registration. Each of these has specific rules regarding inheritance and succession.
Without a Will:
Your heirs may be forced to sell the asset if they are not legally allowed to inherit (e.g., land held via a Thai company)
Transfer procedures could be blocked or delayed
Inherited assets could be tied up in litigation for years
Having a Will ensures your chosen heirs are authorized to inherit or dispose of assets legally and efficiently.
A Will allows you to appoint an executor to administer your estate and carry out your wishes. If you have minor children in Thailand, a Will also lets you designate a guardian, a critical consideration for expat families.
Without a Will:
The court will appoint an administrator, which may not be the person you trust
Guardianship of minor children could become a matter of court discretion
Conflict among relatives may arise, especially if multiple jurisdictions are involved
Appointing these roles in your Will offers peace of mind and ensures a smoother process during an emotionally difficult time.
Family disagreements over inheritance are common worldwide, and Thailand is no exception. A clear and detailed Will minimizes the risk of misunderstandings, contested claims, or estranged family members pursuing litigation.
By specifying:
Who inherits what
How debts should be paid
Who is responsible for carrying out your wishes
…you significantly reduce the chance of conflict and help protect your loved ones from stress and uncertainty.
Thai law allows for several forms of Wills. The most commonly used and legally secure form is the written Will, signed by the testator (the person making the Will) and at least two witnesses.
Other types include:
Public Wills: Declared before a district officer and two witnesses
Holographic Wills: Entirely handwritten and signed by the testator (rare, but accepted)
Secret Wills: Sealed and submitted to authorities (less common)
A written Will, drafted with the help of a Thai lawyer and registered or notarized if necessary, is the safest and most practical option for both Thais and foreigners.
Foreigners with Thai spouses, children, or businesses must take extra care with succession planning. Some special considerations include:
Foreign Ownership Restrictions: Non-Thais cannot inherit land in Thailand. If a foreigner inherits land, it must typically be disposed of within one year.
Company Shares: Shares in Thai companies must be legally transferred to heirs. Without planning, this could cause ownership complications or tax liabilities.
Taxation: Thailand currently imposes inheritance tax (10% or 5% for certain heirs) on assets exceeding 100 million THB. Planning can help mitigate tax exposure.
A combination of a Thai Will, proper asset structuring, and legal advice can protect your estate and reduce your heirs’ financial burdens.
Identify your assets: List property, bank accounts, businesses, vehicles, and personal belongings in Thailand.
Choose your heirs and executor: Decide who will inherit and who will manage your estate.
Consult a qualified lawyer: Engage a Thai legal expert who understands both Thai and international estate law.
Draft and sign your Will: Ensure it meets all legal requirements and is written clearly.
Keep it safe: Store your Will in a secure location, such as with your lawyer or a trusted person.
It’s also advisable to review your Will regularly and update it after significant life events such as marriage, divorce, or acquiring new assets.
Creating a Thai Will and developing a solid succession plan is not just for the wealthy—it’s for anyone who wants to protect their assets and loved ones. Without proper planning, your heirs could face legal obstacles, family conflicts, and financial hardship.
Whether you're a retiree with a condo, a business owner, or simply someone with a bank account and personal belongings in Thailand, taking the time to prepare a legally valid Thai Will ensures that your final wishes are respected and your legacy preserved.