Last Will and Testament in Thailand. A will is the primary tool to control what happens to your assets after death. In Thailand, wills are governed by the Civil and Commercial Code and by established court practice. Because Thailand’s succession rules (and practical probate mechanics) differ in important ways from many other countries, thoughtful drafting, proper execution, and careful handling of Thailand-situated assets are essential — especially for foreigners or cross-border estates. The sections that follow explain the forms of legally valid wills in Thailand, capacity and formalities, how wills interact with statutory heirs and intestacy rules, the probate/administrator process, revocation and amendment, and practical considerations for foreign nationals with Thai assets.
Legal framework and principal concepts
Thai succession law distinguishes testate succession (by will) from intestacy (no valid will). If a valid will exists, it controls the distribution of the decedent’s estate subject to mandatory limits that protect certain statutory heirs; where there is no valid will (or the will is ineffective for some or all of the estate), the estate passes to statutory heirs in the order defined by the Civil and Commercial Code. Wills are treated as formal legal instruments and forms not listed in the Code may be vulnerable to challenge.
Recognized forms of wills and formalities
Thai law recognizes several specific forms of testamentary disposition; the most commonly used are:
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Ordinary (simple) will: a written will dated and signed by the testator in the presence of at least two witnesses who then sign to attest the testator’s signature.
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Holographic will: a will wholly handwritten, dated and signed by the testator in their own hand; no witnesses are required but courts construe holographs narrowly.
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Public (registered) will: the testator declares testamentary wishes before the district officer (amphur) and two witnesses; the declaration is recorded in an official register and gives practical certainty.
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Secret (sealed) will: the testator places written dispositions in a sealed envelope, produces it before the district officer who records the existence of the sealed envelope and issues a receipt — the will itself remains sealed until death.
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Oral will: allowed only in narrowly prescribed emergency circumstances (for example, imminent danger of death) and must meet strict evidentiary rules.
Each form has precise formal requirements (dating, signatures, witness competency, and prohibitions on beneficiaries acting as witnesses). Failure to follow the required formalities can render a will wholly or partially ineffective.
Capacity, prohibited witnesses and testamentary limits
Any person with legal capacity (generally adult capacity under Thai law) may make a will; a person under undue influence or incapable of appreciating the act may have the will set aside. The Code also contains explicit rules on who may serve as a witness: certain persons who participate in making the will (and their spouses) are barred from inheriting under that will to avoid conflicts. In addition, while a testator can dispose of most of her property, Thai succession law protects certain heirs through statutory entitlements and priority rules; overly aggressive disinherison attempts can trigger litigation.
Statutory heirs and effect of a will on reserved shares
If no valid will exists for part or all of an estate, the Civil and Commercial Code prescribes classes of statutory heirs (descendants, parents, siblings, grandparents, uncles/aunts, etc.) and the order and shares in which the estate devolves. Thailand does not use a fixed “forced heirship fraction” identical to some continental systems, but the statutory rules and court practice create protected entitlements for spouses and descendants that limit how completely a testator can divert the estate away from immediate family. Testate dispositions that conflict with the lawful reserved shares or that are procedurally defective risk partial or complete invalidation.
Executors, administrators and the probate process
Naming an executor in a will gives the estate an immediate manager on death, but practical administration in Thailand often requires court involvement. To obtain full authority to deal with Thai-situated assets, an executor or interested heir usually files a probate (or administrative) application in the Thai courts to be appointed estate administrator and to obtain court orders validating the will and authorizing transfers. Foreign-situated assets and foreign wills introduce additional steps (legalization, certified translation, recognition proceedings) and in-person appearances are commonly required for foreigners. Where there is no will, the court appoints an administrator to collect assets, pay debts and distribute the estate under intestacy rules. Probate filings are therefore a common and often necessary part of Thai estate administration.
Revocation, amendment and multiple wills
A testator may revoke or amend a will by making a later valid will or by a formal revocation meeting the same formality standards. Because conflicting wills raise interpretation issues, many practitioners recommend that testators clearly state the supersession of earlier wills (for example: “This will revokes all prior wills and codicils”). When assets exist both in Thailand and abroad, it is common — and often prudent — to execute separate wills limited by jurisdiction (a Thai will for Thailand-situated assets; a foreign will for overseas assets) to avoid cross-revocation or delays; care must be taken so one will does not inadvertently revoke the other.
Special considerations for foreigners and Thai real property
Foreigners frequently hold Thai assets in forms with special rules (condominium freehold quotas, leaseholds, company shares owning land). A Thai will should specifically identify Thailand-situated assets (title numbers, unit numbers, account details) and, where feasible, nominate an executor or co-executor resident in Thailand to simplify practical administration. Foreign wills may be recognized by Thai courts, but translation and legalization or apostille procedures (and possible court recognition) are usually required before banks or land offices accept them. For land and condominium matters, close coordination with local counsel minimizes transfer delays and prevents disputes.
Practical drafting and storage tips (brief)
Make wills clear, dated and signed in accordance with one of the recognized Thai forms. Avoid ambiguities over asset descriptions and include alternate beneficiaries and executor alternates. Consider depositing a sealed will with the local amphur or leaving a registered public will where appropriate, and tell a trusted person where originals are stored. For cross-border estates: consider bilingual drafting, separate jurisdictional wills, and early professional advice to avoid unintended revocation or recognition problems.
Conclusion
A properly executed Thai will is a powerful mechanism to control distribution of Thai assets, reduce family disputes and streamline probate. Because formality failures, statutory heir protections and cross-border recognition issues can undo intentions, testators with Thailand-situated assets — particularly foreigners and those with multi-jurisdictional estates — should plan deliberately: choose an appropriate Thai form, document assets precisely, name reliable executors (preferably with Thai-resident co-executors), and obtain specialist legal assistance for bilingual drafting and probate preparedness.