Secret-Document Will (Section 1660)
A secret-document will (พินัยกรรมแบบเอกสารลับ) is made by signing and sealing a written testament, then presenting the sealed document before the Kromakarn Amphoe (district officer) and at least two witnesses, declaring that it contains the testator’s last wishes. The officer records the declaration on the cover, applies the official seal, and all parties sign across it.
Summary
- Legal basis: Thai Civil and Commercial Code, Section 1660.
- Formalities: Testator signs will → seals document and signs across seal → presents it to Amphoe + 2 witnesses → declares it is his will → officer records declaration, date & seal → all sign the cover.
- Alterations: Any erasure or addition is invalid unless signed by the testator on the sealed will.
- Eligibility: Available to any person, Thai or foreign. No nationality, residency, visa, or house-book requirement.
- Language: Declaration is in Thai; an interpreter can be used if the testator is not fluent.
- Storage: The sealed will may be deposited at the district office; a receipt is issued for retrieval by heirs after death.
- Case law: The Thai Supreme Court (Judgment 1396/2518) confirmed the validity of properly executed secret wills.
Why use this form?
This form preserves the privacy of the will’s contents, while ensuring official recognition. The will itself remains sealed, but the act of delivery and certification by the Amphoe and witnesses guarantees validity. It is suitable for both Thais and foreigners with assets in Thailand.