Wills under Thai Law — the Five Forms and Validity Requirements

Five. The Civil and Commercial Code provides for the ordinary written will (s.1656), the holograph will written entirely by hand (s.1657), the will made as a public document before the district officer (s.1658), the secret document will (s.1660) and the oral will in special circumstances (s.1663). Each form has its own witness and execution requirements, and a will executed in the wrong form can be void in its entirety.

Section 1656 requires the testator to sign in the presence of at least two witnesses simultaneously, and those witnesses must sign at that time. Section 1670 disqualifies minors, persons of unsound mind or quasi-incompetents, and persons who are deaf, mute or blind in both eyes. Section 1653 also prevents the writer of the will or a witness from taking a benefit under that will.

No, but section 1657 requires the testator to write the whole text, the date and the signature entirely in their own hand. A typed or printed document does not qualify. Any alteration must be handwritten and initialled. This form is simple to make but is the most frequently challenged later on grounds of handwriting or mental capacity.

Sections 25 and 1703 provide that a minor under 15 years of age cannot make a will and any such will is void. A seriously ill person may still make a valid will if they are conscious and understand the contents. In practice we recommend obtaining a same-day medical opinion and using the will made before the district officer, which is the hardest form to challenge.

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.

Yes. Thai law does not require a will to be in Thai, but a Thai translation is required when it is filed with a court or government office. In practice a bilingual document is preferred, with a clause stating which language version prevails if the texts differ, to reduce the scope for dispute in court.

The statutory heirs in the order set out in section 1629: (1) descendants, (2) parents, (3) full-blood brothers and sisters, (4) half-blood brothers and sisters, (5) grandparents, and (6) uncles and aunts. A prior class excludes later classes, except that surviving parents take a child's share alongside descendants under section 1630 paragraph two.

Because banks, the Land Office, the Department of Land Transport and share registrars require a court order confirming who has authority over the deceased's assets. Section 1713 allows an heir, an interested person or the public prosecutor to petition the court. Even where a will names an executor, a court appointment order is normally still needed before institutions will act.

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.

Section 1719 requires the administrator to manage the estate so as to distribute it under the law or the will. Sections 1728 and 1729 require the inventory to be started within 15 days of learning of the appointment and completed within one month, before at least two witnesses. An administrator who acts dishonestly or neglects these duties can be removed by the court and held liable for damages under section 1727.

Banks freeze accounts as soon as they learn of the death and, in almost all cases, will release funds only to a court-appointed administrator. The usual documents are the court order with certificate of finality, the death certificate and the administrator's ID. Using the deceased's ATM card after death is a criminal offence and creates liability towards the other heirs.

Thailand has acceded to the Apostille Convention (HCCH 1961) and it enters into force for Thailand on 28 February 2027. From then, public documents from other contracting states will need a single Apostille certificate instead of two-tier legalisation, which will materially shorten the process for documents such as death certificates and foreign court orders. A Thai translation will still be required by the receiving authority.

Yes. Under section 1608 the deceased may exclude an heir by an express declaration in a will or by a written instrument deposited with the competent official, and section 1609 allows that exclusion to be withdrawn the same way. Alternatively a will can leave the whole estate to others, because Thai law has no forced-heirship share as some European systems do.

No. Section 1606 excludes an heir as unworthy where, for example, a final judgment finds they intentionally caused the deceased's death, they used fraud or duress to procure or revoke a will, or they forged, destroyed or concealed a will. The deceased may, in certain of those cases, grant written forgiveness as the section provides.

Make a separate Thai will for Thai assets with a clearly stated scope; keep a complete inventory of assets and title documents with copies held by your legal adviser; name a substitute administrator; have foreign marriage and birth certificates translated and legalised in advance; and review the will after every marriage, divorce, birth or significant purchase.

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.

A private will under section 1656 is written, dated and signed before at least two witnesses present at the same time — fast, private and inexpensive. An Amphur will under section 1658 is dictated to the district officer, who records it and retains the original in government custody. The Amphur form is far harder to challenge on authenticity and cannot be lost or hidden, which usually outweighs the extra time when contested claims are likely.

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.

Thai law does not recognise trusts created to hold domestic property, other than capital-market trusts under specific legislation. A foreign trust attempting to register title to land or a condominium will normally be refused. Workable alternatives are shareholding in a genuinely operating company, a properly drafted Thai will, and life insurance with named beneficiaries to deliver liquidity outside the estate.

Yes, and it should. Courts give primary weight to the testator's intention and will depart from the nomination only where the nominee is legally disqualified — a minor, an incompetent person or an undischarged bankrupt — or is plainly unsuitable. Always nominate at least one alternate in case the first choice predeceases the testator or declines the role.

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.

Where no statutory heir in any of the six classes survives, there is no spouse and no will, the estate escheats to the State under section 1753. A long-term carer, unregistered partner or close friend has no automatic entitlement. If you want a partner, friend or charity to benefit, a will naming them is the only reliable mechanism.

Common grounds are lack of testamentary capacity, duress or fraud, failure to comply with the statutory form, and interested witnesses — a gift to a witness is void. An action to revoke a testamentary disposition must generally be brought within three months of learning of the ground, and never more than ten years after the testator's death. Video-recording the signing and obtaining a contemporaneous medical capacity assessment sharply reduce contest risk.

A foreign spouse can inherit as a statutory heir or under a will, but landholding remains governed by the Land Code, which requires a foreign national who inherits land to dispose of it within the period set by the Director-General of the Land Department, generally one year. Prepare the death certificate, marriage registration, title deed, the court order appointing an estate administrator, and the passport; apply for the administrator appointment, register the transfer of inheritance, then complete the disposal within the period. Condominium units under the Condominium Act follow different conditions, and buildings can be held separately from land — plan the ownership structure during life.

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.

Banks freeze accounts once they learn of the account holder's death and will release funds only to an estate administrator holding a court order. Prepare the appointment order with the certificate of finality, the death certificate, the administrator's ID card, and the passbook or account number; file with the branch where the account was opened or the bank's estate department, and the bank will verify, close the account and transfer the balance as the administrator directs. Using the deceased's ATM card after death carries legal risk, so notify the bank immediately and keep evidence of the notification.

It can, if it complies with the formal requirements of the country where it was made or with Thai form requirements, since the Thai court examines formal validity and intention — but in practice it must be translated and legalised before use. Prepare the original will or a court-certified copy, the death certificate, certified translations, proof of heirship, and evidence of the Thai assets; certify in the country of execution, legalise at a Thai embassy or the Department of Consular Affairs, translate, then petition the Thai court for an administrator. Dispositions of Thai immovable property may conflict with Thai law and be unenforceable, so make a separate Thai will for Thai assets.

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.

They can where all heirs agree and the assets are not of a type requiring a court order to transfer, such as unregistered movable property. For land, condominium units, vehicles, shares and bank accounts, registrars and banks generally require an administrator appointment order. Prepare the death certificate, proof of heirship for everyone, a fully signed deed of estate division, and evidence of the assets; draft the deed setting out precisely who receives what, sign before witnesses, and add signature certification where it will be used abroad. Agreements silent on liabilities usually become disputes later, so have a lawyer draft it and address the debts too.