Estate planning is a crucial aspect of financial and personal responsibility, and in Thailand, creating a will helps ensure that an individual's assets are distributed according to their wishes after death. Thai inheritance law, governed by the Civil and Commercial Code, provides a structured legal framework for wills and succession. For both Thai nationals and foreign residents who own property or assets in Thailand, understanding the types of wills and succession rules is essential for avoiding complications for heirs. This article discusses the main types of Thai wills, outlines how succession works, and explains the legal procedures that apply to both testate (with a will) and intestate (without a will) estates.
A will is a legal document that expresses an individual’s wishes regarding the distribution of their property, guardianship of minor children, and management of affairs after their death. Without a valid will, the estate will be distributed according to Thai intestacy laws, which may not reflect the deceased's personal intentions.
Foreigners who own property, bank accounts, or business in Thailand should especially consider making a Thai will, as cross-border inheritance issues can be complex and time-consuming.
Under Thai law, there are five recognized types of wills, each with specific legal requirements. These are detailed in Sections 1655 to 1672 of the Civil and Commercial Code.
This is the most commonly used form of will in Thailand. To be valid, it must meet the following requirements:
This type of will can be written in Thai or another language (though translation may be required during probate). It is flexible and allows for customization of how property is to be distributed.
A public will is made by the testator in the presence of a Kromakarn Amphur (District Officer) and two witnesses. The officer writes down the testator’s wishes and reads them aloud. The will is then signed by the testator, witnesses, and the officer.
This type of will is legally strong and reduces the chances of disputes during probate because it is officially recorded and certified. It is often preferred by those with complex estates or high-value assets.
In this case, the testator prepares a will and seals it in an envelope. The sealed will is handed over to the District Officer in the presence of two witnesses. The officer records the handover, and all parties sign the record.
While this method offers confidentiality, it is less commonly used and can be problematic if the will is found to be legally invalid or ambiguous after opening.
This type of will is only valid in emergency situations, such as during a fatal accident or life-threatening event when the testator is unable to write. It must be declared before at least two witnesses, who later testify in court.
Oral wills are rarely accepted and are highly susceptible to legal challenge. They should only be relied upon as a last resort when other options are not possible.
This includes wills made:
These wills are valid only under the specified circumstances and have limited scope of application.
Succession refers to how an individual's estate is distributed after death. In Thailand, succession is divided into two types:
When a person dies with a valid will, their property is distributed according to the instructions outlined in the will. The testator can appoint:
The probate process begins in the Thai courts, where the will is verified and an executor is appointed. The executor is then responsible for distributing the estate, paying debts, and ensuring compliance with the will’s terms.
If a person dies without a valid will, Thai intestacy law determines how the estate is divided. According to Sections 1629–1636 of the Civil and Commercial Code, heirs are prioritized into six classes, in the following order:
Spouses are also entitled to a share of the estate and inherit concurrently with heirs of the above classes. If there are no heirs, the estate goes to the state.
Whether the deceased left a will or not, the following procedures are generally required:
If foreigners are involved—either as heirs or property owners—additional steps may be required, such as consular authentication or translation of documents.
Making a will tailored to Thai law ensures that:
Many law firms in Thailand offer bilingual will drafting services for expatriates, covering both Thai and foreign-held assets.
Understanding the types of wills and the succession process in Thailand is vital for effective estate planning. Thai law provides several legally recognized will formats, each suitable for different circumstances. Whether you are a Thai citizen or a foreigner with property in Thailand, having a properly drafted and witnessed will ensures that your assets are distributed according to your wishes and reduces the risk of disputes. Planning ahead and seeking qualified legal assistance will give you peace of mind and protect your family from unnecessary legal burdens after your passing.