Last Will and Testament in Thailand

Table of Contents

Thai-style Last Will and Testament document with ornate gold pen and red seal on parchment, showing how expats can legally protect their assets in Thailand

It’s not the most cheerful topic, but if you’re an expat living in Thailand with property, savings, or other assets, making a legal will isn’t just a smart move—it’s indispensable. Many foreigners assume that their home country’s will is enough, or they simply never get around to it. But Thai law doesn’t always recognize foreign documents without translation, legalization, and a long wait in probate court.

If you want to ensure your loved ones can access what’s legally yours—without unnecessary stress or delay—then having a Thai-compatible last will and testament is one of the most important steps you can take.

In this guide, we’ll walk you through everything you need to know: what assets you can include, how to create a valid will under Thai law, what happens if you don’t have one, and how to avoid the common pitfalls many expats face.

Do You Need a Thai Will as an Expat?

The short answer: yes, if you have any assets in Thailand.

Many expats own condos, cars, motorbikes, or at least have money in Thai bank accounts. Others may have a Thai partner, children, or even dependents abroad who might need to make inheritance claims later. While a will from your home country might still be valid under international law, it can cause significant delays and complications in the Thai legal system.

Here’s why having a Thai will matters:

Faster asset distribution: A local will, written in Thai or with proper translation, is much easier for courts to process.

Fewer legal hurdles: Avoiding embassy involvement, notarization, or international probate procedures simplifies the entire process.

Clarity for your heirs: A Thai will removes ambiguity about your wishes and can protect against disputes.

Even if you already have a will in your home country, creating a separate Thai will for Thai-based assets is often the best course of action. It doesn’t override your foreign will—it complements it.

What Can Be Included in a Thai Will?

A Thai will can cover any assets located within Thailand. For many expats, this includes more than they might think—especially if you’ve lived here for a while. Whether you own property or simply have money sitting in a Thai bank account, those assets don’t automatically pass to your next of kin unless you’ve made your intentions clear through a valid will.

Here’s what you can typically include in a Thai last will and testament:

Real Estate

If you own a condo (in your name) or land through a lease or company structure, you can include those rights in your Thai will. Foreigners can’t directly own land, but they can pass on lease rights or shares in a Thai company holding the land (subject to company and land office rules).

Vehicles

Cars, motorbikes, and even boats registered in your name can be inherited by your chosen beneficiary. Without a will, transferring ownership can be time-consuming and may require court intervention.

Bank Accounts and Financial Assets

Funds in Thai bank accounts, fixed deposits, or even local investment accounts (if applicable) can be distributed through a will. Keep in mind that without a valid will, these accounts may be frozen upon your death, leaving dependents without access for months—or longer.

Personal Belongings

You can list specific items such as jewelry, art, heirlooms, or anything of personal or monetary value. This helps avoid disputes, especially if family members are overseas and others are local.

Life Insurance and Pensions

While these usually have designated beneficiaries, it’s still a good idea to include them in your estate plan for clarity—especially if your policies were arranged in Thailand.

📌 Note: You don’t have to include assets located outside Thailand in your Thai will. In fact, it’s often better to exclude them and cover them under a separate will from your home country to avoid legal conflicts or confusion during probate.

Types of Wills in Thailand

Thai law allows several types of wills, and while they all serve the same basic purpose—to express your final wishes and distribute your assets—some are more practical than others, especially for expats. Choosing the right format can save your heirs time, money, and legal headaches later on.

Here are the main types of wills recognized under Thai law:

1. Holographic Will (Entirely Handwritten)

Also known as a “personal will,” this type must be:

Entirely handwritten by you
Signed and dated
Clear about your wishes

No witnesses are required. While it is legal under Thai law, this type of will can be questioned or contested more easily, especially if the handwriting or intent is unclear—or if Thai is not your native language.

2. Typed Will Signed with Witnesses (Most Common)

This is the most widely used format in Thailand. Requirements:

Must be in writing (typed is fine)
Signed by the testator (you)
Signed by two witnesses who are not beneficiaries
Dated properly

✅ This is the recommended format for most expats. It’s straightforward, legally sound, and harder to contest if done correctly.

3. Will Registered at the Amphur (District Office)

Some people choose to create their will at the local district office with the help of a government officer. This makes the document part of a public registry and can simplify things in court later—but it’s less common for foreigners, as the process is entirely in Thai and not always easy to navigate without legal assistance.

4. Foreign Will (from Your Home Country)

Yes, a will made abroad can be valid in Thailand—but:

It must be translated into Thai
Legalized by your embassy
Recognized by a Thai court (which may take time)
It may conflict with Thai inheritance law if not worded carefully

📌 A foreign will without Thai translation or proper legalization is often treated as invalid or may delay proceedings significantly.

✅ Best Practice for Expats:
If you have assets in Thailand, it’s wise to prepare a Thai-format will—either handwritten (less ideal) or typed and signed with witnesses. You can still maintain a separate will in your home country for overseas assets.

Legal Requirements for a Valid Thai Will

Under Thai law, a will is only enforceable if it meets certain legal criteria. These rules exist to ensure clarity, authenticity, and fairness—and if they’re not followed, the will can be challenged or even declared invalid.

Here’s what makes a will legally valid in Thailand:

1. Minimum Age

The testator (the person making the will) must be at least 15 years old. This is younger than in many Western countries, but the law assumes legal capacity begins at 15 in this context.

2. Clear and Written Declaration of Intent

The will must clearly outline:

What assets are being distributed
Who the beneficiaries are
Any specific instructions for the executor
Ambiguity can lead to court challenges, especially if multiple family members claim a right to the same assets.

3. Proper Signature

The testator must sign the will. If they cannot sign, a fingerprint or mark is allowed—but it must be witnessed and explained in the document.

4. Two Competent Witnesses

The witnesses must be present at the time the will is signed.
They must also sign the will.
Witnesses cannot be beneficiaries or gain anything from the will.
They must be over 20 years old and mentally competent.

5. Optional: Executor and Guardian

You can (and should) appoint:

An executor to manage and distribute your estate
A guardian if you have underage children in Thailand
This isn’t legally required but adds significant clarity and control.

6. Date of the Will

Every valid will must include the date it was made. This helps determine which version is the most recent in case multiple wills are found.

📌 A will that fails to meet even one of these requirements may be rejected in Thai court or spark legal disputes. It’s strongly recommended to get legal help—especially for non-native Thai speakers or those with complex assets.

Role of the Executor and Probate Process

Writing a valid will is only half the equation—the other half begins after you’re gone. That’s where the executor and the probate process come in. Understanding how this works in Thailand can help you choose the right person and set them (and your loved ones) up for a smoother experience.

What Is an Executor?

An executor is the person you name in your will to carry out your wishes after death. Their duties may include:

Submitting the will to the Thai probate court
Managing and distributing your assets according to your instructions
Settling outstanding debts or obligations
Handling taxes and paperwork

Your executor does not need to be a Thai national—but they should be someone trustworthy, responsible, and ideally present in Thailand or able to travel here when needed.

How the Probate Process Works in Thailand

Unlike in some countries where a will can be executed privately, Thailand requires the court to approve and supervise the process. Here’s a simplified overview:

Executor submits the will to the local Thai court
The court reviews the document for validity (format, witnesses, content)
If accepted, the court appoints the executor officially
The executor gathers, manages, and distributes the estate
Once complete, the executor submits a final report to the court

Timeline: The process can take anywhere from a few months to over a year, depending on whether the will is clear, contested, or if assets are difficult to access.

Common Challenges in Probate:

Foreign wills not properly translated or legalized
Missing or deceased witnesses
Unclear asset descriptions (e.g., “my condo in Chiang Mai” without the address)
Family members disputing the will—especially if some live abroad

✅ Tip: Keep copies of your will, ID, title deeds, and key financial documents in one place, and make sure your executor knows where to find them.

What Happens If You Die Without a Will in Thailand?

No one likes to think about dying unexpectedly, but it happens—and if you pass away in Thailand without a valid will, your assets don’t just automatically go to your spouse or children. Instead, they are distributed according to Thai intestate succession law, which may surprise many expats.

Thai Intestate Succession Law: Who Inherits What?

If you die without a will, Thai law follows a specific order of inheritance, dividing heirs into six classes of priority:

Descendants (children, grandchildren)
Parents
Brothers and sisters of full blood
Half-blood siblings
Grandparents
Uncles and aunts

Your legal spouse also inherits, but the share depends on who else survives you. For example:

If you have a spouse and children, they typically split the estate equally.
If you have no children but your parents are alive, your spouse shares with them.
If there are no heirs in these categories, your estate may go to the Thai government.

Risks for Foreigners

Unmarried partners (e.g., Thai girlfriend/boyfriend) are not entitled to anything under Thai law unless named in a will.

Family members abroad may face delays, legal costs, and language barriers when trying to claim your estate.

Thai banks may freeze your accounts immediately, making funds inaccessible until probate is complete.

If no heir claims the estate within a specified period, the government can take possession.

📌 Even if you “don’t own much,” having a clear will prevents unnecessary confusion, conflict, and bureaucracy. It’s a final act of kindness toward those you leave behind.

Dual Wills: One in Thailand, One Abroad?

If you’re an expat with assets both in Thailand and in your home country, you might be wondering: should you have one global will—or separate wills for each jurisdiction?

The answer, in most cases, is clear: a separate Thai will is the safest option for your Thai-based assets. Here’s why.

Why Dual Wills Make Sense

Legal systems differ: Thai probate law is not the same as in your home country. A single will might not meet the legal requirements in both places.

Translation delays: A foreign will must be translated into Thai, legally certified, and accepted by a Thai court. This often leads to delays of months—or even years.

Asset clarity: Keeping assets in separate wills makes it easier for each jurisdiction to handle the estate efficiently and according to its own laws.

Court confusion: Overlapping or contradictory clauses in a single will can lead to disputes between heirs or rejection by one court.

Avoiding Legal Conflicts Between Wills

If you choose to have two wills:

Work with lawyers in both countries to ensure the documents are coordinated and do not revoke each other.

Make sure each will clearly states that it applies only to assets in its respective country.

Update both wills at the same time if your situation changes (e.g., marriage, new property, divorce, children).

📌 A well-written Thai will can complement your home country’s estate plan—not replace it. Each serves its own legal system and protects the people you care about.

Where and How to Make a Will in Thailand

Making a legally valid will in Thailand doesn’t have to be difficult—but it’s important to do it properly from the start. While some expats try the DIY route, most benefit from using a qualified Thai lawyer to ensure the document meets all legal requirements and is written in clear, enforceable language.

Option 1: Hire a Thai Lawyer (Recommended)

Most expats choose to work with a local lawyer who specializes in Thai inheritance law. A lawyer can:

Draft the will in Thai (and optionally in English for your reference)
Ensure all legal formalities are met (witnesses, executor, formatting)
Advise on asset-specific concerns (e.g., leasehold rights, company shares)
Assist with updates or amendments in the future

Typical cost:

Simple will: 5,000–15,000 THB
Complex will (multiple properties, foreign beneficiaries): 20,000+ THB

Prices vary by location and law firm. Bangkok, Chiang Mai, and Phuket tend to have higher rates but more experienced firms.

Option 2: Draft and Sign at the Amphur (District Office)

Some people opt to register their will at the local Amphur (government district office). This makes it an official public document.

Pros:

Public record may simplify probate
Low or no cost

Cons:

Entire process is in Thai
Less flexible for expats with foreign assets or non-standard wishes
May not be suitable for complex estates

Option 3: Write It Yourself (Typed and Witnessed)

Thai law allows you to write your own will—as long as:

It’s clearly written (ideally in Thai or both Thai and English)
Signed and dated
Witnessed by two competent adults (not beneficiaries)

While this is legal, it’s riskier unless you’re familiar with Thai legal language. Mistakes in phrasing or structure can render the will invalid or contested.

Where Should You Keep the Will?

Keep the original copy in a safe, secure location
Give a copy (or its location) to your executor or trusted family member
Your lawyer may also store a registered copy

📌 Tip: Avoid hiding it in a place no one knows about. A valid will is only useful if it can be found.

Tips for Expats Writing a Thai Will

Writing a will isn’t something you want to rush through—or leave half-finished. While a Thai-format will gives you legal protection, the way you write it can make all the difference when the time comes for your executor or family to act on it.

Here are key tips to make your will both effective and easy to execute:

1. Be Specific About Your Assets

Clearly identify assets like your condo, motorbike, or bank accounts. Include:

Full addresses for property
Bank names and account numbers
Registration numbers for vehicles

Avoid vague phrases like “my belongings in Thailand”—they create confusion.

2. Appoint a Responsible Executor

Choose someone:

You trust completely
Who understands your wishes
Ideally located in—or willing to travel to—Thailand

Let them know you’ve appointed them, and where your documents are stored.

3. Review and Update Every Few Years

Life changes—your will should keep up:

New property or financial accounts? Update it.
Divorce, marriage, or children? Definitely update it.
Long time since your last review? Consider a check-in every 2–3 years.

4. Store It Properly

Tell your executor, lawyer, or family where the original is kept. A will that can’t be found is as good as no will at all. Avoid only storing it in a safe deposit box unless someone else has access—the bank may freeze the box on your death.

5. Avoid Including Foreign Assets

If you already have a will in your home country, it’s best to limit your Thai will to Thai-based assets only. This prevents legal overlap and speeds up probate in both countries.

6. Discuss It with Family

It may be uncomfortable, but letting loved ones know your wishes in advance avoids misunderstanding—and gives them peace of mind that everything is in order.

Related Legal Considerations

Creating a last will and testament is an important step, but it’s not the only legal document expats in Thailand should think about—especially when planning for unexpected illness, incapacity, or end-of-life decisions. These additional documents can offer you (and your loved ones) greater clarity and control.

Power of Attorney (POA)

A Power of Attorney allows someone else to legally act on your behalf—whether for managing property, accessing bank accounts, or handling visa paperwork.

Can be general (broad authority) or specific (limited to a task)
Must be signed and witnessed or notarized depending on its use
Often used if you’re hospitalized, overseas, or otherwise incapacitated

Tip: Choose someone you trust implicitly—and make sure they understand their responsibilities.

Living Will / Advance Health Directive

Thailand recognizes Living Wills under the National Health Act (Section 12). This allows you to:

Refuse life-prolonging treatment in terminal illness or irreversible coma
State your wishes about end-of-life care
Appoint a medical decision-maker (in some formats)

These are usually written in Thai and should be discussed with your doctor or hospital.

Without a living will, Thai doctors may err on the side of preserving life—even in cases where you would have chosen otherwise.

Marriage and Inheritance Rights

Marriage status plays a key role in inheritance law in Thailand:

Legally married spouses are recognized as heirs under Thai law
Unregistered partnerships or common-law relationships offer no automatic inheritance rights
If you want to leave anything to a Thai partner you’re not legally married to, it must be written in a will

If you’ve divorced, remarried, or never registered a marriage in Thailand, be sure your estate plan reflects your current situation.

📌 These documents are not substitutes for a will—they work alongside one. Together, they help ensure your wishes are honored and your loved ones are protected.

Need a quick reference? Here’s a summary of what every expat should know when making a Thai will:

Key Aspect	Details
Who Needs a Will?	Any expat with assets in Thailand—property, bank accounts, vehicles, or personal belongings.
What Can Be Included?	Thai-based assets only: condos, bank accounts, vehicles, personal effects, etc.
Types of Wills	Handwritten, typed with witnesses, registered at Amphur, or foreign (with limitations).
Legal Requirements	Must be signed, dated, and witnessed by two non-beneficiaries. Minimum age: 15.
Executor	Should be trustworthy and preferably located in Thailand. Manages probate and asset distribution.
Without a Will	Assets distributed per Thai intestate law. Unmarried partners are not legally recognized.
Dual Wills	Recommended for those with assets in Thailand and abroad. Avoids delays and conflicts.
Where to Make One	Thai lawyer (recommended), district office (Amphur), or DIY with witnesses.
Cost Estimate	Typically 5,000–15,000 THB for a simple will. More for complex estates.

If you’re ready to create a will or want expert help, the resources below will point you in the right direction.

Useful Resources & Professional Help

Writing a will is one of those tasks that feels overwhelming—until it’s done. Fortunately, there are reliable resources and professionals in Thailand who can help make the process smooth, legal, and stress-free.

Below are recommended paths to get started:

Law Firms Specializing in Expat Estate Planning

Many reputable law firms in Thailand offer bilingual services and specialize in working with foreigners. Look for those experienced in:

Thai inheritance law
Property ownership for expats
Dual wills and cross-border estate planning

If you’re not sure where to start, a simple online search for “expat lawyer will Thailand” in your city (e.g., Bangkok, Chiang Mai, Phuket) will yield plenty of options.

Embassies and Consulates

Your embassy can provide:

Lists of local English-speaking lawyers
Notarial services (fees apply)
Guidance on how your home country treats Thai wills
Witnessing or certifying documents in some cases

✅ Find your embassy in Thailand: