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Planning for the future is an important part of ensuring that one’s assets and loved ones are properly protected. In Thailand, the laws governing wills and inheritance are designed to provide an orderly distribution of a deceased person’s property according to their wishes—or, in the absence of a will, according to statutory provisions. Whether you are a Thai national or a foreigner residing in Thailand, understanding the laws of will and succession under the Thai Civil and Commercial Code (CCC) is essential to ensure your estate is managed in accordance with your intentions and within the bounds of the law.
This comprehensive overview explains the principles, procedures, and practical aspects of making a Thai will, as well as the succession process that follows upon death.
The main law governing wills and inheritance in Thailand is found in Book V of the Thai Civil and Commercial Code, covering Sections 1599 to 1755. The law outlines how property (both movable and immovable) is distributed upon the death of a person (the decedent), depending on whether they left a valid will (testate succession) or not (intestate succession).
Succession law in Thailand applies to both Thai citizens and foreigners who own property in the country, although foreign ownership laws (especially for land) may impose certain limitations. For example, a foreigner cannot directly inherit freehold land in Thailand but may have the right to sell the land and receive the proceeds or transfer ownership within a specified period.
A will (phraratchathamnoon moradok or พินัยกรรม) is a legal declaration made by a person—known as the testator—stating how their assets should be distributed after death. A properly executed will ensures that one’s property is divided according to personal wishes rather than the default legal order.
The key purposes of having a will in Thailand include:
Ensuring property is distributed to chosen beneficiaries.
Reducing potential family disputes over inheritance.
Appointing a trusted executor to manage the estate.
Providing financial security for dependents.
Simplifying the probate and transfer process.
Without a valid will, Thai intestacy laws determine how assets are divided, which may not reflect the deceased’s personal intentions.
Thai law recognizes several forms of wills, each with specific requirements:
Ordinary Written Will (Holographic Will)
This is the most common form. It must be written, dated, and signed by the testator in their own handwriting. It does not require witnesses.
Will Made Before Witnesses
The testator must sign the will in front of at least two witnesses who also sign to confirm that the testator voluntarily made the declaration. This form is widely used and legally reliable.
Public Document Will
Made by declaring one’s wishes to a Khet (district) officer, who records the will in the presence of two witnesses. It is then kept as an official document. This type offers strong evidentiary protection against disputes.
Secret Document Will
The testator signs a sealed document in the presence of witnesses and submits it to an official for safekeeping. This form is rare and more complex to execute.
Verbal Will (in Exceptional Cases)
A verbal will is permitted only in urgent circumstances such as imminent death or war, and must be made before at least two witnesses. It is valid for only one month unless the testator survives and creates a formal will thereafter.
Choosing the correct form ensures that the will is valid and enforceable under Thai law.
To be legally binding, a will in Thailand must meet the following conditions:
The testator must be at least 15 years old and mentally sound.
The will must be made voluntarily, without coercion or undue influence.
It must clearly identify the testator, beneficiaries, and property.
It must comply with the formalities required for its specific type (e.g., witnesses or handwriting).
It must specify an executor—the person responsible for administering the estate.
A will written in a foreign language should be translated into Thai and certified by an authorized translator or notary public to avoid confusion during probate proceedings.
A Thai will can cover both movable and immovable property, including:
Real estate (land, houses, condominiums)
Bank accounts and investments
Company shares or business interests
Vehicles, jewelry, and personal possessions
Insurance benefits and pension rights
Foreigners may include their Thai assets in a local will and separate foreign assets in a will governed by their home country. This ensures clarity and compliance with different jurisdictions.
If a person dies without leaving a will, Thai law dictates how their estate will be distributed through intestate succession. The estate is divided among heirs in the following order of priority:
Descendants (children, grandchildren)
Parents
Brothers and sisters of full blood
Brothers and sisters of half blood
Grandparents
Uncles and aunts
The spouse is also entitled to a share, which varies depending on the class of heirs present. For example, if there are surviving children, the spouse receives the same share as one child.
If no legal heirs exist, the estate reverts to the Thai government.
An executor (phu kamkap moradok) is a person appointed in the will to administer the estate. Their responsibilities include:
Collecting and managing assets.
Paying debts, taxes, and funeral expenses.
Distributing the remaining property to heirs according to the will.
If the deceased did not appoint an executor, the court may designate one during the probate process. The executor must act in good faith and comply with court orders.
After the testator’s death, the will must go through a probate process—a court-supervised procedure to validate the will and authorize the executor to manage the estate.
The typical steps include:
Filing a petition with the Thai court to recognize the will and appoint the executor.
Court hearing to verify the authenticity of the will and ensure no objections from heirs.
Court issuance of probate order, allowing the executor to act officially.
Asset distribution according to the will’s provisions.
The probate process may take several months, depending on the complexity of the estate and whether disputes arise.
Foreigners residing in or owning property in Thailand should be aware of specific legal implications:
Land ownership: Foreigners cannot inherit freehold land, but they can inherit a building or condominium unit under certain conditions. The land must be sold within one year, with proceeds transferred abroad or handled according to Thai law.
Condominiums: Foreigners can inherit condominium units as long as total foreign ownership in the building does not exceed 49%.
Dual wills: It is advisable for foreigners with assets in multiple countries to prepare separate wills—one in Thailand and one in their home country—to avoid legal conflicts and administrative delays.
Each will should specify its scope (e.g., “This will applies only to assets located in Thailand”) to prevent overlap or contradiction.
A will can be revoked or modified at any time while the testator is alive and mentally competent. This can be done by:
Making a new will that explicitly cancels the previous one.
Physically destroying the existing will.
Expressly revoking the will in writing.
Upon execution of a new will, only the latest version is legally binding.
Having a legally valid Thai will provides peace of mind and ensures your wishes are respected. Key benefits include:
Protection of heirs and dependents.
Avoidance of lengthy legal disputes.
Efficient asset distribution through probate.
Clarity for foreign residents with property in Thailand.
Reduced administrative burden for family members.
Without a will, intestacy proceedings can be complex and emotionally taxing, often leading to family disagreements and delays in estate distribution.
In Thailand, creating a will and understanding the succession process are vital steps in managing one’s legacy. A valid will ensures that your property is distributed according to your wishes, reduces the risk of family disputes, and simplifies legal administration. The Thai legal system provides flexible options for making a will, accommodating both Thai citizens and foreigners, but proper legal guidance is crucial to ensure full compliance.
Whether you are a retiree owning a condominium in Bangkok, a business owner in Chiang Mai, or a foreign investor with assets in Thailand, drafting a well-structured and legally sound Thai will is the most effective way to protect your loved ones and preserve your assets.
In essence, will and succession planning in Thailand is not just a legal formality—it is a responsible act of foresight that ensures your life’s work continues to benefit those you care about most, in accordance with your wishes and within the framework of Thai law.
