Foreign Wills and Thai Assets — How Far They Apply

In principle yes; a Thai court can consider a foreign will. However the document must be fully translated and legalised, and its validity must be proved under the applicable law by reference to the Act on Conflict of Laws B.E. 2481, which makes the case slower and more expensive. Foreigners with Thai assets therefore commonly make a separate Thai will covering only Thai-situs property.

Not if they are drafted carefully. The Thai will should state that it covers only assets situated in the Kingdom of Thailand and expressly confirm that it does not revoke the foreign will covering assets outside Thailand. The most common drafting error is a blanket revocation clause revoking all previous wills, which unintentionally cancels the other will.

Under the Act on Conflict of Laws B.E. 2481, succession to movable property follows the law of the deceased's domicile at the time of death, while succession to immovable property follows the law of the place where the property is situated. Land and condominium units in Thailand are therefore always governed by Thai law, whatever the deceased's nationality.

The Civil Court or provincial court for the deceased's domicile at the time of death, or the court where the estate assets are located if the deceased had no Thai domicile. Typical documents are the death certificate, house registration of the deceased and petitioner, marriage or divorce certificate, children's birth certificates, a family tree, an asset schedule, the will if any, and written consents from the other heirs.

Yes, and it is the recommended structure for anyone holding Thai-situs assets. The Thai will should be expressly limited to assets located in Thailand — condominium units, Thai bank accounts, vehicles and Thai company shares. The critical drafting point is the revocation clause: the Thai will must state that it does not revoke the foreign will, and the foreign will should carve out Thai assets. Without matching carve-outs, a later general revocation clause can accidentally cancel the earlier document.

Thailand has no non-court probate route, so banks and the Land Department require a court order appointing an estate administrator before transferring assets — even where a valid will exists. An uncontested petition filed in the court of the deceased's domicile typically takes 45–75 days, after which roughly 30 more days pass before the order becomes final and a certified copy with a finality certificate can be issued for use.

It is valid in form if it complies with the law of the place of execution or the testator's national law under the Conflict of Laws Act B.E. 2481. In practice it must still be legalised abroad, translated into Thai, certified by the Department of Consular Affairs and accepted by the Thai court in the administrator petition. That path takes considerably longer than a locally executed Thai will and carries translation-interpretation risk.

Review every three years and after any major life event: marriage, divorce, a new child, buying or selling property, permanent relocation, or a change of nationality. Keep the original somewhere secure but accessible, such as a law firm with a document register, or the district office for an Amphur will. A bank safe deposit box alone is a poor choice, since opening it after death itself requires a court order.

Prepare the death certificate, the deceased's house registration marked as deceased, marriage or divorce registration, children's birth certificates, a schedule of assets and liabilities, consent letters from the other heirs, the will if any, and the applicant's ID card. File the petition with the court where the deceased was domiciled, attend the hearing, and receive the appointment order, then obtain a certified copy with a certificate of finality for registration purposes. Expect several months depending on the court's caseload and how complete the file is; a non-consenting heir requires further examination, so settle matters with all heirs before filing.

The lowest-risk practice is a separate will per asset jurisdiction, each stating clearly which country's assets it covers and expressly not revoking wills made for other countries. Prepare an asset schedule by country, title documents such as deeds or share registers, your passport, and beneficiary details; complete the schedule, take advice in each country on form and tax, then execute according to each jurisdiction's requirements. A broadly worded revocation clause in one will can destroy all the others, so have the interlocking wording reviewed across every will before signature.