Last Will in Thailand: A Guide for Expats

Last Will and Testament in Thailand: A Guide for Expats

If you live in Thailand or have significant assets here – property, bank accounts, vehicles, or business interests – making a valid Thai will is one of the most important legal steps you can take. Without one, Thai inheritance law determines who receives your assets, which may not align with your wishes.

Why Every Expat in Thailand Needs a Will

Thai intestacy law (dying without a will) follows a strict order of statutory heirs. The Thai Civil and Commercial Code divides heirs into six classes, with spouses treated separately. Depending on your family situation, the distribution may be completely different from what you would have chosen:

• If you have a Thai spouse and children from a previous relationship, your spouse may receive less than you intended.
• Long-term partners who are not legally married have no inheritance rights under Thai law.
• Foreign partners may face additional bureaucratic hurdles in claiming assets without proper documentation.
• Real estate and other Thai assets may be frozen for months during the estate administration process.

Types of Wills in Thailand

The Thai Civil and Commercial Code recognizes several forms of valid will:

• Written and witnessed will (Section 1656): The most commonly used form. Must be signed by the testator in the presence of at least two witnesses, who also sign the document. It can be typed or handwritten.
• Holographic will (Section 1657): Must be entirely handwritten, dated, and signed by the testator – no witnesses required, but also no typewritten portions.
• Public will (Section 1658): Made before a district officer and two witnesses. Useful when the testator cannot write.
• Secret will (Section 1660): Sealed envelope submitted to a district officer – less commonly used.
• Oral will (Section 1663): Only valid in exceptional circumstances where the testator cannot write (e.g., in imminent danger of death).

For most expats, the written and witnessed will is the most practical and secure option.

Requirements for a Valid Thai Will

To be legally valid, a Thai will must:

• Be made by a person of legal age (20 years or older, or a married person).
• Be made by a person of sound mind.
• Follow the formalities required for the chosen type of will.
• Not violate Thai law or public policy.

A will made under duress, fraud, or undue influence may be challenged in court.

What Your Thai Will Should Cover

A comprehensive Thai will should address:

• All Thai-based assets: land (if held via a Thai company), condominium units, vehicles, bank accounts, personal property.
• Designation of beneficiaries clearly identified by name, Thai ID or passport number.
• Appointment of an executor to administer the estate.
• Any specific bequests or conditions.
• Guardianship preferences for minor children (though Thai courts make the final decision).

Foreign Wills and Assets Overseas

A Thai will typically covers only assets in Thailand. If you have significant assets in your home country or other jurisdictions, you should also have a will in those countries. Work with lawyers in each jurisdiction to ensure the wills are consistent and do not inadvertently revoke each other.

Related reading: Estate Planning in Thailand, Living Will in Thailand. For in-depth Thai legal resources, visit ThaiLawOnline.com.

Updating Your Will

Life changes – marriage, divorce, the birth of children, acquisition of new assets – mean your will should be reviewed and updated regularly. In Thailand, a new will generally revokes previous wills entirely unless it specifies otherwise. Keep your will current to reflect your actual wishes.

Conclusion

Making a last will in Thailand is not complicated, but it requires attention to legal formalities. A lawyer experienced in Thai estate law can draft a will that is both legally sound and tailored to your circumstances, including cross-border considerations. Do not leave this until it is too late.

Useful Legal Resources for Expats in Thailand

Last Will Thailand

• Usufruct Agreement in Thailand
• Divorce in Thailand: Complete Guide
• Social Security in Thailand for Expats
• Same-Sex Marriage in Thailand