Succession planning in Thailand plays a crucial role in ensuring that an individual’s assets are distributed according to their wishes and in compliance with Thai law. The Thai Civil and Commercial Code (CCC) provides clear guidelines on how inheritance works, how estates are divided, and how wills must be prepared to be legally enforceable. For both Thai nationals and foreigners residing or owning assets in Thailand, understanding the types of wills and succession procedures is essential to prevent disputes, protect family interests, and ensure a smooth transfer of property. This article explores the main types of wills recognized under Thai law and the overall framework of will and succession in Thailand.

I. Understanding Thai Succession Law

Before examining the types of wills, it is important to understand how Thai succession operates. When a person dies in Thailand—or owns property located in Thailand—their estate is divided according to:

1. A valid will, if one exists; or
2. Intestate succession, if no will is made.

Thai law recognizes two main categories of heirs:

• Statutory heirs (family members designated by law), and
• Legatees (persons named in a will to receive property).

The law also distinguishes between personal property (movable assets) and immovable property (land and buildings). The rules of inheritance apply to both, although foreign ownership restrictions may affect the transfer of immovable property.

II. Types of Wills Recognized Under Thai Law

The Thai Civil and Commercial Code recognizes five types of wills, each designed to accommodate different circumstances. Understanding their features and legal requirements helps ensure that the will is valid and enforceable.

1. Ordinary Written Will (Holographic Will)

This is the most common form of will used in Thailand. It must be:

• In writing
• Signed by the testator
• Signed by at least two witnesses
• Witnesses must sign in the presence of the testator

The ordinary written will offers flexibility because it can be prepared privately without visiting a government office. However, strict compliance with witnessing requirements is necessary to ensure validity.

Advantages

• Simple and private
• Easy to amend or update
• Low cost

Disadvantages

• Risk of improper witnessing
• Risk of loss or damage
• Challenges if the will is ambiguously written

2. Holographic Will (Entirely Handwritten by the Testator)

This type of will must be entirely written by hand by the testator, including:

• The content
• The date
• The signature

It does not require witnesses, making it convenient for people who prefer absolute privacy or are unable to secure witnesses at the time.

Advantages

• No need for witnesses
• Handwriting proof can help prevent fraud

Disadvantages

• Must be 100% handwritten—typed portions invalidate the will
• Handwriting disputes may arise
• Risk of misinterpretation or loss

3. Public Will (Made Before District Officials)

A public will is executed at a District Office (Amphur) or Consular Office, where the testator declares their wishes before a government official. The procedure includes:

1. The will is read aloud to the testator.
2. The testator confirms the content.
3. Two witnesses observe the procedure.
4. The official records and retains the will.

Advantages

• Strong legal standing
• Stored safely by the government
• Minimal risk of disputes

Disadvantages

• Loss of privacy
• Requires travel to a district or consular office

4. Secret Will (Sealed Will)

A secret will offers privacy while incorporating government oversight. The process involves:

• Preparing a sealed document containing the will
• Signing across the seal
• Presenting it to a district official in front of two witnesses
• Having the official certify receipt of the sealed will

Advantages

• Testator can keep contents private
• Official certification provides legal protection

Disadvantages

• Complex process
• Higher risk of invalidation due to formalities
• Cannot be opened until after death

5. Oral Will

An oral will is permitted only in exceptional circumstances, such as:

• Imminent danger of death
• Emergency situations
• Circumstances preventing the preparation of a written will

It must be declared before at least two witnesses who are required to document and report the declaration to authorities promptly.

Advantages

• Allows expression of last wishes during emergencies

Disadvantages

• Difficult to prove
• Easy to challenge
• Only valid in truly exceptional circumstances

III. Intestate Succession: When There Is No Will

When a person dies without leaving a valid will, Thai law provides a fixed order of inheritance called statutory succession. Statutory heirs are divided into six classes:

1. Descendants (children and grandchildren)
2. Parents
3. Brothers and sisters of full blood
4. Brothers and sisters of half blood
5. Grandparents
6. Uncles and aunts

The surviving spouse has special rights and may inherit together with these classes depending on circumstances.

Key Principles

• Heirs in the same class share equal portions.
• A lower class inherits only if no heir exists in a higher class.
• A surviving spouse may inherit up to 50% of the estate.

IV. Executor and Estate Administration

A will may appoint an executor to manage the estate. Responsibilities include:

• Asset inventory
• Paying debts and taxes
• Distributing assets to heirs
• Managing legal documentation

If no executor is named, the court may appoint one. Estate administration must follow formal legal procedures, and probate court approval is often required to transfer real estate or significant assets.

V. Succession Rules for Foreigners

Foreigners can inherit property in Thailand, but restrictions apply to immovable property:

• Foreigners may inherit a condominium, but ownership must not exceed foreign quota limits.
• Foreigners cannot inherit land, as Thai law prohibits foreign land ownership.
• The land may be sold, and proceeds can be transferred abroad subject to exchange control regulations.

Understanding these limitations helps foreign heirs avoid compliance issues.

Conclusion

Thai succession law provides several types of wills to accommodate different situations—from simple handwritten wills to formally certified public wills. Each type has specific legal requirements, advantages, and limitations, making it important for individuals to choose the format that best protects their interests and minimizes future disputes. Whether one is a Thai national or a foreign property owner, creating a legally valid will ensures that assets are distributed according to personal wishes and that heirs avoid complications during probate. Proper estate planning is not only a legal safeguard but also a valuable gift to loved ones, ensuring clarity, security, and peace of mind.