Public-Document Will (Section 1658 civil and commercial code)
A public-document will (พินัยกรรมแบบเอกสารฝ่ายเมือง) is made by declaring last wishes to the Kromakarn Amphoe (district officer) in the presence of two witnesses. The officer records and reads back the dispositions; the testator and witnesses sign; the officer then dates, signs, and applies the official seal.
Summary
- Legal basis: Thai Civil and Commercial Code, Section 1658.
- Formalities: Declaration → officer notes and reads back → signatures of testator & two witnesses → officer’s date, signature & seal.
- Alterations: Any erasure/addition must be re-signed by the testator, the witnesses, and the officer to be valid.
- Language: The record is in Thai; interpreter can be used if needed.
- Eligibility: Available to any person (Thai or foreign). No residency, visa, or house-book requirement.
- Record keeping: The district office keeps the official record and/or issues certified copies.
Why use this form?
It provides high evidentiary weight: the will is officially recorded and certified. It is widely used for assets in Thailand, including by foreigners who prefer a Thai-law will for Thai situs property.
Under Section 1658 of the Thai Civil and Commercial Code, a will may be made as a public document by declaring last wishes to the Kromakarn Amphoe (district officer) before two witnesses. The officer records and certifies the will.
Cost of Making a Public (Official) Will at the Amphur
A “public will” (Thai: พินัยกรรมแบบเอกสารมหาชน) is made at the District Office (Amphur/Khet) in front of an officer and witnesses. Government fees are low compared to lawyer-drafted wills.
| Service | Typical Government Fee (THB) | Notes |
|---|---|---|
| Will made at the Amphur office | ≈ 50–100 | Core registration/processing fee. |
| Duplicate copy (official copy) | ≈ 10–20 | Optional; per copy. |
| Will made outside the Amphur (officer attends elsewhere) | ≈ 100–200 | Availability varies; may depend on distance/approval. |
Compare Thai Will Options
Quick overview of costs and practicality for three common approaches.
| Aspect | Public Will (Amphur) | DIY Will (Download Package) | Lawyer-Drafted Will |
|---|---|---|---|
| Typical Cost | ≈ 50–200 THB (official fee) | < 1,000 THB (template package) | ≈ 5,000–50,000+ THB (legal service) |
| Language | Thai (sometimes bilingual) | Thai or bilingual (per template); translations may be needed | Thai/English or bilingual, tailored |
| Who Drafts | Testator provides content; Amphur officer records/reads it | Testator completes provided template | Lawyer drafts to your instructions |
| Execution & Formalities | At Amphur/Khet with officer + 2 witnesses (official reading) | Private signing with 2 witnesses (per Thai CCC rules) | Usually signed privately with 2 witnesses; firm guides process |
| Storage | Recorded/kept at Amphur | Keep originals securely (home/safe/with executor) | Firm may store; you also keep originals |
| Validity / Evidentiary Weight | Very strong (official record) | Valid if correctly executed; quality depends on user | Strong; tailored wording for complex estates |
| Best For | Simple estates; Thai speakers; low cost | Simple to moderate estates; budget-minded; clear assets in Thailand | Complex estates, foreign assets/heirs, trusts, tax planning |
| Foreigners | Possible; may need translator; Thai text preferred | Possible; ensure Thai-law formalities and Thai version if needed | Easiest route for complex/English needs |
Practical guidance is published by the Department of Provincial Administration (DOPA), which confirms that this form is open to any person, Thai or foreign, with interpreter support if needed.
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