A Last Will and Testament in Thailand is a legally binding document that specifies how a person’s assets, property, and personal belongings should be distributed after their death. In Thailand, inheritance and wills are governed by the Civil and Commercial Code (CCC) of Thailand, which provides clear guidelines on how an individual can draft, register, and execute a will.
For foreigners and Thai nationals, having a legally recognized will in Thailand is crucial for ensuring the proper distribution of assets, preventing legal disputes, and avoiding unnecessary delays in the inheritance process. Without a valid will, assets in Thailand will be distributed according to statutory inheritance laws, which may not align with the deceased’s wishes.
This guide provides an in-depth analysis of Thai laws on wills, the types of wills recognized in Thailand, legal formalities, and practical considerations for estate planning.
1. Legal Framework for Wills and Inheritance in Thailand
The Civil and Commercial Code of Thailand (Sections 1646-1710) outlines the legal requirements for wills and inheritance. Key principles include:
- Freedom of Testamentary Disposition – A person has the right to distribute their assets as they wish, subject to certain legal restrictions.
- Formal Will Requirements – A will must comply with one of the recognized legal formats under Thai law.
- Statutory Heirs – If a person dies without a will (intestate), their estate is distributed among legal heirs as per Thai inheritance law.
- Legal Executors – A testator can appoint an executor to manage the estate distribution process.
Thai inheritance laws apply to all assets located in Thailand, regardless of the nationality of the deceased.
2. Types of Wills Recognized Under Thai Law
Thailand recognizes five legally valid types of wills, each with different requirements:
2.1 Holographic (Handwritten) Will – Section 1657 CCC
✔ Must be entirely handwritten and signed by the testator.
✔ No need for witnesses or registration.
✔ Should clearly specify the distribution of assets and executor details.
✔ Risk: May be challenged for authenticity if handwriting is disputed.
2.2 Witnessed (Standard) Will – Section 1656 CCC
✔ The most common and legally secure will in Thailand.
✔ Must be written (typed or handwritten) and signed by the testator.
✔ Requires at least two witnesses present at signing.
✔ Witnesses must sign in the presence of the testator but do not need to read the will.
✔ Can be drafted in Thai or another language, but an official Thai translation is required for execution.
2.3 Public (Registered) Will – Section 1658 CCC
✔ Drafted and declared before a district officer at the Local Amphur (District Office).
✔ The officer records the testator’s statements, ensuring legal validity and government record-keeping.
✔ Requires at least two witnesses.
✔ Considered the safest type of will because it is registered and cannot be easily lost or destroyed.
2.4 Secret Will – Section 1659 CCC
✔ Written and signed by the testator, but sealed in an envelope.
✔ Declared before a district officer and two witnesses.
✔ The testator confirms that the will is valid but does not reveal its contents.
✔ Less common due to complex procedures and risk of disputes.
2.5 Oral (Verbal) Will – Section 1663 CCC
✔ Only allowed under exceptional circumstances (e.g., imminent death, war, or disasters).
✔ Requires at least two witnesses who must testify in court after the testator’s death.
✔ High risk of legal disputes due to lack of written documentation.
3. Statutory Heirs and Inheritance Without a Will (Intestacy Law)
If a person dies without a valid will, Thai law distributes their assets based on six classes of statutory heirs, ranked in order of inheritance priority.
3.1 Order of Statutory Heirs (Section 1629 CCC)
| Rank | Eligible Heirs | Inheritance Rights |
|---|---|---|
| 1 | Descendants (children, grandchildren) | First priority |
| 2 | Parents | If no descendants |
| 3 | Siblings (full-blood) | If no children or parents |
| 4 | Half-siblings | If no full siblings |
| 5 | Grandparents | If no closer relatives |
| 6 | Aunts and uncles | If no other heirs |
If no legal heirs exist, the estate reverts to the Thai government.
3.2 Spouse’s Rights
✔ A legally married spouse inherits property based on the number of surviving heirs.
✔ If there are no statutory heirs, the spouse inherits 100% of the estate.
✔ If there are children, the spouse shares the inheritance equally with them.
Note: Unregistered common-law spouses have no legal inheritance rights under Thai law.
4. Appointment of Executors and Guardians
4.1 Role of an Executor
- The testator can appoint an executor in the will to manage asset distribution.
- If no executor is named, the court appoints one upon request by the heirs.
- Executors must act in good faith and follow the will’s instructions.
4.2 Appointing a Guardian for Minor Children
- If a will involves inheritance for minors, the testator can appoint a guardian.
- If no guardian is named, the court appoints one.
- Guardians manage the child’s inheritance until they reach adulthood (20 years old in Thailand).
5. Steps for Drafting and Executing a Will in Thailand
Step 1: Determine Asset Distribution
✔ List all bank accounts, property, investments, and personal belongings.
✔ Decide who will inherit what percentage of the estate.
Step 2: Choose the Type of Will
✔ A witnessed will is the most secure and practical option.
✔ A public will is recommended for high-value estates.
Step 3: Draft the Will and Choose an Executor
✔ Clearly identify heirs and beneficiaries.
✔ Appoint a trusted executor to manage the estate.
Step 4: Sign and Witness the Will
✔ Ensure compliance with Thai legal requirements (at least two witnesses).
✔ If registering a public will, visit the district office.
Step 5: Store the Will Securely
✔ Keep copies with the executor, lawyer, and financial institutions.
✔ If using a public will, it is stored at the district office for security.
6. Contesting a Will in Thailand
A will can be contested if:
✔ There is evidence of fraud, forgery, or undue influence.
✔ The testator was not of sound mind at the time of writing.
✔ The will does not meet the formal legal requirements.
Legal disputes are handled in the Thai Civil Court, where the burden of proof lies with the person contesting the will.
7. Conclusion
A Last Will and Testament in Thailand ensures that an individual’s assets are distributed according to their wishes while minimizing legal complications for heirs. By choosing the right type of will, appointing a reliable executor, and ensuring compliance with Thai law, individuals can protect their estate and provide clarity for their beneficiaries.
Given the complexities of inheritance law, foreign asset ownership, and tax implications, individuals—especially foreigners—should seek legal advice when drafting a will in Thailand to ensure validity and enforceability.