Thai Will & Cross-Border Inheritance for Expats in Phuket

Why a Separate Thai Will

A home-country will (US, UK, EU, AU) is technically valid in Thailand under CCC §1655 if executed under the law of the testator's nationality — but recognition requires the will to be probated in the home country first, translated, MFA-legalized, and then re-probated in Thailand. That process takes 12-24 months and costs THB 200,000+ in translation and legal fees.

A parallel Thai will covering only Thai-situs assets bypasses that entirely: it goes straight to Phuket Provincial Court, is probated in 3-6 months, and lets your executor deal with the condo, bank account, and vehicle without waiting for home-country probate.

The 5 Asset Classes We Structure Differently

Different Thai assets have different succession quirks. A one-size-fits-all will leaves loose ends that surface as court delays.

• Freehold Condo (foreign quota) — Direct bequest; heir must be capable of holding foreign-quota (either foreigner or Thai national eligible to inherit)
• Land via Thai Company — Shares bequeath, not land; heir must be able to hold Thai company shares (foreigner OK up to 49%)
• Land via 30-Year Lease — Lease terminates on death by default; needs express clause allowing assignment to heir
• Thai Bank Account — Freezes on death notice; will unfreezes via Court Order of Executor Appointment
• Vehicle (car/motorbike) — Transfer requires Green Book + death certificate + court order + tax clearance

The Signing Ceremony — Why We Insist on Doing It in Person

CCC §1656 requires the testator to sign in the presence of 2 witnesses who are present at the same time and also sign in the testator's presence. Witnesses cannot be beneficiaries or beneficiaries' spouses. We provide 2 qualified Thai lawyer-witnesses at our Phuket office to eliminate any challenge to validity — a common vulnerability when family members act as witnesses.

We also record the signing on video (with consent) as evidence of testamentary capacity — critical for elderly or ill testators whose will may later be challenged.

Executor Choice — Foreign or Thai

The executor manages the estate through Thai court. A foreign executor is legally permitted but must attend court in person or grant POA to a Thai lawyer, adding delay and cost. We recommend appointing our senior lawyer as executor (fee: 2-5% of estate value) with a foreign co-executor as monitor. This gives you Thai-court efficiency and family oversight.

Coordinating with Your Home-Country Will

Your Thai will must include an express clause stating it covers only Thai-situs assets and does not revoke any prior will covering other jurisdictions. Symmetrically, your home-country will should carve out Thai-situs assets. We coordinate directly with your home-country solicitor (UK/US/AU) at no extra fee to ensure the two wills interlock without conflict.