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Planning for the transfer of one’s assets is an important step in ensuring that wealth, property, and possessions are passed on according to personal wishes. In Thailand, wills and succession matters are governed by the Civil and Commercial Code (CCC), Book V (Sections 1599–1711). Both Thai nationals and foreigners who legally own property in Thailand can create wills to determine how their estate will be distributed upon death. Without a valid will, succession is handled according to Thai intestacy laws, which may not reflect the deceased’s intentions. Understanding the types of wills available under Thai law and the rules of succession is therefore essential for effective estate planning.
A will (or “testament”) ensures that the estate is distributed in line with the testator’s (the person making the will) wishes. It also reduces the risk of disputes among heirs, simplifies the administration of the estate, and provides clarity in managing both Thai and overseas assets. For foreigners, having a Thai will specifically for assets in Thailand is highly recommended, as foreign wills may face complications in recognition, translation, and enforcement by Thai courts.
The Civil and Commercial Code recognizes five main forms of wills, each with specific requirements. Failure to comply with these requirements may render the will invalid.
This is the most common type of will in Thailand. To be valid:
It must be in writing.
It must be signed by the testator.
At least two witnesses must also sign the will, confirming that they witnessed the testator signing it.
This type of will can be drafted in either Thai or English, but it should be in Thai if it is to be easily processed in Thai probate courts. The advantage is its simplicity, but it requires careful drafting to avoid ambiguities.
This form requires the entire document to be:
Written by the testator in their own handwriting.
Dated and signed personally by the testator.
It does not require witnesses.
Because it is handwritten, the risk of forgery is reduced, but any errors in wording or unclear expressions may create legal uncertainty.
This type of will is made before a Kromakarn Amphur (district office official).
The testator declares their wishes orally to the official.
The official records the declaration in writing.
The document is read aloud to the testator and signed by them, the official, and at least two witnesses.
This type of will provides strong evidentiary weight and minimizes disputes, as it is an official record filed with authorities. However, it requires more formal procedures and is less private.
A secret will is a hybrid of written and official processes:
The testator writes and signs the will (or has someone else write it but must sign it).
The will is placed in a sealed envelope.
The sealed will is handed to an official in the presence of at least two witnesses.
The official records the delivery of the will.
The content of the will remains secret until death. This type is less commonly used but provides both privacy and official recognition.
A verbal will is only permitted in urgent or extraordinary situations where making a written will is impossible (e.g., imminent danger of death, accidents, war).
The testator must declare their wishes orally in front of at least two witnesses.
The witnesses must promptly notify the court after the testator’s death.
This will type is rarely accepted unless the circumstances clearly justify it. Courts will examine such cases strictly to prevent abuse or fraudulent claims.
When a person passes away, the distribution of their assets depends on whether a valid will exists.
If the deceased left a valid will, the estate is distributed according to its provisions. The court must still appoint an executor to administer the estate and ensure assets are transferred in compliance with Thai law. Foreign executors may act, but they typically need to appoint a local lawyer to represent them in court proceedings.
If there is no will, the CCC provides rules for intestate succession. The estate passes to statutory heirs in a fixed order of priority:
Descendants (children, grandchildren)
Parents
Full-blood brothers and sisters
Half-blood brothers and sisters
Grandparents
Uncles and aunts
Spouses have a special status and share the estate alongside heirs, depending on the class of heirs present. For example, if the deceased leaves children and a surviving spouse, both inherit shares.
If no statutory heirs exist, the estate passes to the State of Thailand.
Under Thai law, the surviving spouse has strong rights:
The spouse is always entitled to at least half of the marital property (sin somros), regardless of succession.
The spouse also inherits from the deceased’s personal property, sharing with statutory heirs.
For example, if a man dies leaving his wife and two children, his wife first takes 50% of marital property. The remaining 50% and his personal property are then divided equally among the wife and the two children.
Foreigners can make wills in Thailand to cover their Thai assets, such as:
Condominium units (which foreigners may own outright).
Leasehold rights.
Bank accounts.
Vehicles or personal property.
Shares in Thai companies.
Foreigners should prepare a separate Thai will for assets located in Thailand, as using only a foreign will may cause delays in probate due to translation and legalization requirements.
Succession planning in Thailand is a structured process regulated by the Civil and Commercial Code. The law recognizes five types of wills—ordinary written, holographic, public, secret, and verbal—each with specific requirements and advantages. In the absence of a will, intestate succession laws strictly determine how the estate is divided among heirs, with the surviving spouse enjoying important protections.
For both Thais and foreigners, preparing a valid Thai will provides clarity, reduces disputes, and ensures that one’s final wishes are respected. Seeking guidance from a qualified lawyer familiar with Thai succession law is highly recommended to avoid errors and ensure compliance with formalities.
