A Last Will and Testament in Thailand is a critical legal instrument that allows an individual to determine how their assets will be distributed upon death. Thai succession law is formal and document-driven; without a valid will, assets are distributed strictly according to statutory rules that may not reflect the deceased’s wishes—particularly in cases involving blended families, foreign nationals, or cross-border assets. This article provides a comprehensive, rephrased analysis of wills in Thailand, covering the legal framework, valid forms, probate procedures, inheritance mechanics, and practical planning considerations.
Succession in Thailand is governed by the Thai Civil and Commercial Code (CCC). The CCC recognizes testamentary freedom, allowing individuals to allocate their estate as they see fit, subject to formal requirements and public order limitations. Importantly, Thai law is formalistic: a will that fails to comply with statutory form can be invalidated regardless of the testator’s intent.
If a person dies without a valid will (intestate), the estate is distributed to statutory heirs in a fixed order. Drafting a compliant will is therefore essential to control outcomes and reduce disputes.
Under Thai law, a person may make a will if they:
Are at least 15 years old
Possess legal capacity at the time of execution
Act voluntarily and without undue influence
Mental capacity is central. A will executed during incapacity can be challenged and set aside.
A Thai will can cover:
Land and buildings in Thailand
Condominium units
Bank accounts and investments
Vehicles and valuables
Shares and business interests
Intellectual property rights
For foreign nationals, it is common to prepare a Thailand-only will addressing Thai assets, coordinated with wills in other jurisdictions to avoid conflict.
If no valid will exists, Thai law distributes the estate among statutory heirs in the following order:
Descendants
Parents
Full siblings
Half siblings
Grandparents
Uncles and aunts
A legally married spouse is also a statutory heir and shares the inheritance depending on which class of heirs exists. These default outcomes often differ from personal intentions, especially in second marriages.
Thai law recognizes several valid forms of wills. The most commonly used are:
This is the most practical and widely used form. It must:
Be in writing
Be signed by the testator
Be signed by at least two witnesses present at the same time
Witnesses must be legally competent and must not be beneficiaries under the will.
A holographic will must be entirely handwritten, dated, and signed by the testator. While valid, it is more vulnerable to challenges regarding authenticity or intent.
A public will is declared before a district officer in the presence of witnesses. It carries strong evidentiary weight but is less commonly used due to its formal process.
A will may be drafted in Thai or a foreign language. However, probate proceedings are conducted in Thai, and courts require a Thai translation. Preparing a bilingual will or an official translation in advance can significantly reduce delays.
A will should appoint an executor, who is responsible for:
Administering the estate
Paying debts and expenses
Distributing assets to beneficiaries
If no executor is named, the court will appoint one, often increasing time and complexity. Selecting a capable and neutral executor is a key planning decision.
All wills must undergo probate in a Thai court before they can be enforced. Probate confirms:
The validity of the will
The authority of the executor
Banks, land offices, and registrars will not act without a probate order.
The process typically includes:
Filing a probate petition
Notifying interested parties
Court examination of evidence
Issuance of an order appointing the executor
Timelines vary depending on complexity and whether the will is contested.
Thai law distinguishes between:
Personal property (Sin Suan Tua)
Marital property (Sin Somros)
Upon death, marital property is divided first. The surviving spouse retains their half, while the deceased’s half forms part of the estate to be distributed under the will or by law. This distinction often surprises families and must be reflected accurately in estate planning.
Foreigners owning assets in Thailand face additional considerations, including:
Interaction between Thai succession law and home-country law
Proof of foreign heirship or marital status
Translation and legalization of foreign documents
Thai courts generally apply Thai law to immovable property located in Thailand, making a local will particularly important.
A will may be revoked or modified by:
Executing a new will
Express written revocation
Physical destruction with intent to revoke
Life changes such as marriage, divorce, or acquisition of significant assets should trigger a review of existing estate plans.
A will may be contested on grounds including:
Improper execution
Lack of capacity
Fraud, coercion, or undue influence
Witness disqualification
Contested probate can significantly delay estate administration and increase costs.
Thailand imposes inheritance tax only above certain thresholds, but estates may still incur:
Court fees
Transfer and registration fees
Income tax implications for beneficiaries
Advance planning can reduce administrative burdens.
Effective Thai wills typically:
Clearly identify beneficiaries and assets
Use precise legal language
Appoint a reliable executor
Anticipate marital property rules
Coordinate with foreign estate plans
Professional drafting reduces ambiguity and litigation risk.
Frequent errors include:
Using invalid formats
Failing to appoint an executor
Mixing personal and marital property
Relying on foreign wills for Thai assets
Ignoring translation and probate requirements
These mistakes can undermine otherwise clear intentions.
A Last Will and Testament in Thailand is a powerful legal tool that provides certainty, control, and protection for heirs and beneficiaries. While Thai law allows significant testamentary freedom, it enforces strict formalities and mandatory court procedures that must be respected.
For both Thai nationals and foreign residents, a carefully drafted and properly executed will minimizes disputes, accelerates probate, and ensures assets are distributed as intended. Proactive estate planning—grounded in a clear understanding of Thai succession law—remains the most effective way to safeguard one’s legacy.