Do You Really Need a Thai Will if You Already Have a Foreign Will?
Foreigners are often told they must draft a Thai will if they own property or assets in Thailand. While it’s a widely repeated suggestion, especially by law firms or developers, it’s not always necessary, and in some cases, it can even complicate your estate planning.
Foreign Wills Can Be Sufficient
If you already have a valid will in your home country that clearly covers your Thai property, and you are not permanently residing in Thailand, that foreign will may be entirely sufficient. Thai courts can recognize and enforce a foreign will, provided that:- The will has been probated in your home country
- The court decision and will are translated into Thai
- The documents are properly legalized (e.g., apostilled or certified by your embassy)
This process may involve paperwork and legal steps, but it's often simpler and more predictable than starting a new probate case in Thailand from scratch.
Can Foreign Probate Be Used for Thai Assets?
If a foreign probate order is properly legalized and translated, it may be accepted for certain administrative actions in Thailand without requiring a Thai court probate. Acceptance depends on the type of asset and the institution involved:
| Asset Type | Foreign Probate Accepted? | Notes |
|---|---|---|
| Condominium | Often Yes | Accepted at the Land Office if properly legalized and translated. |
| Car / Vehicle | Sometimes | Depends on local DLT office. May accept with correct supporting documents. |
| Bank Account | Rarely | Most Thai banks require a Thai probate court order for asset release. |
Note: Even if accepted, documents must be legalized (apostilled or certified), officially translated into Thai, and may need notarization. Practices vary by province and institution.
Why a Thai Will Isn't Always an Advantage
While some legal services promote Thai wills as a faster or safer option, this isn't universally true. A will drafted in Thai and signed by someone who cannot read or understand Thai is, from a legal standpoint, void. Even a bilingual will adds complexity for heirs unfamiliar with the Thai legal system. Moreover, if a Thai will is created alongside an existing foreign will, the two must be carefully coordinated. If the foreign will does not clearly exclude Thailand, it may accidentally revoke or conflict with the Thai will leading to legal uncertainty and delays.
When a Thai estate consists of just a single condominium unit owned by a foreigner, using a properly legalized and translated foreign probate order can make the ownership transfer straightforward, often completed in just a few days at the Land Office. However, if there is a Thai will, it triggers full probate proceedings in a Thai court. This adds significant time (up to 60 days), cost, and requires the (foreign) executor to appear in court (click on dotted executor link for more info). What could have been a simple administrative process becomes with a separate Thai will a lengthy legal procedure.
Read also: Condominium Inheritance and Executor Appointments in Thailand
Understanding the Role of a Bilingual Will in Thai Probate
- Thai Court Requirements: Even a bilingual will may require an official certified Thai translation. The court must confirm both language versions match in legal meaning and intent.
- Language Priority: If there is any inconsistency or ambiguity, the Thai-language text will prevail in court proceedings.
- Executor Appointment: Thai probate requires the appointment of an executor, who must appear in court for two court hearings or be represented by a licensed Thai lawyer. This adds further complication for foreign heirs.
- Legal Representation: Legal representation by a licensed Thai lawyer is almost always necessary for probate, especially if the heirs are abroad or unfamiliar with Thai procedures.
- Summary: A bilingual will does not exempt you from probate in Thailand. It may even increase legal scrutiny, especially if not carefully drafted. If avoidable, using a legalized foreign probate order may be more practical.
The outcome (inheritance transfer) may be the same, but probate in Thailand adds time, legal costs, and complexity. It requires a Thai lawyer, an executor present at hearings, and often months of proceedings. If a foreign probate order can be used instead, it is generally preferred.
When a Thai Will May Be Helpful
A Thai will can be useful in certain situations, such as:
- If you live in Thailand long-term or consider it your primary residence
- If you have complex assets or multiple heirs in Thailand
- If you want to name a Thai executor to administer your local estate
In such cases, a well-drafted bilingual Thai will, clearly limited to Thai assets and coordinated with your main estate plan, may provide clarity and efficiency. But even then, it is not a requirement by law.
| Scenario | Process in Thailand | Remarks |
|---|---|---|
| 1. Thai Will | Full Thai probate process in local court | Valid if signed in Thai or bilingual format; follows Thai legal rules and procedure; requires local probate hearing |
| 2. Foreign Will (not yet probated) | Requires full probate case in Thai court, with official translation, legalization, and court hearing | Often more complicated than a Thai will: written under foreign law, requires legal interpretation in Thai court, which adds time and uncertainty |
| 3. Foreign Probate Judgment (completed) | Submit translated, legalized foreign probate order for enforcement | Often the most efficient option for foreign residents abroad, treated as a finalized legal act, not a new Thai probate |
Foreign wills in Thailand, what the Supreme Court says
Whether a foreign will is recognised in Thailand is governed by the Act on Conflict of Laws: a will valid under the testator’s nationality law or the law of the place where it was made can be accepted here; its effects are read under the testator’s domicile law at death. See Scj. 6524-2561 for recognition of a foreign will/trust, subject to Thai probate and registration steps.
Supreme Court Judgment No. 6524-2561 confirms that a will (or testamentary trust) made under foreign law can be recognised by Thai courts if it is valid under the testator’s domicile or nationality law at the relevant time. Recognition lets Thai courts give effect to the foreign will/trust terms for assets connected to Thailand, subject to Thai procedures.
- What recognition means: Thai courts may accept the foreign will/trust as the governing instrument and permit distribution in line with it; executors/trustees named under foreign law can be acknowledged for Thai proceedings.
- Key conditions: You must prove the foreign law and the will’s formal validity (usually via legalised copies and certified translations). Public-policy limits still apply.
- What it does not do: It does not convert the trust into a “Thai trust,” and it does not bypass Thai registration formalities. Transfers of Thai-situated assets (e.g., vehicles, bank accounts) must follow Thai probate/administration steps.
- Tax unaffected: Thai inheritance tax still applies to Thai-situated assets above the statutory threshold, regardless of the foreign will/trust wrapper (file within 150 days if due).
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Other Legal and Financial Considerations
Inheritance Tax Considerations in Thailand
Thailand imposes inheritance tax only on certain high-value assets and only when the heir is a Thai national or resident. The key points:
- Inheritance tax applies only to assets valued over 100 million THB per heir.
- The tax rate is 5% for direct heirs (e.g. children, parents) and 10% for others.
- Foreign heirs who are not residents or citizens of Thailand are typically not subject to Thai inheritance tax at all.
This means that for many foreign nationals with modest or medium-sized estates in Thailand, inheritance tax is not a concern. A properly structured will, especially one separating Thai and foreign assets, can help heirs avoid unnecessary tax complications in either jurisdiction.
Conclusion
Foreigners with straightforward estates may be better served by a single, well-written foreign will. Adding a Thai will without legal necessity or without proper coordination, can confuse rather than clarify your estate planning. The key is legal clarity, not redundancy.
A professionally drafted bilingual Thai-English will template is available here: Download the Thai Will Template.
Templates like this (will, prenup, divorce, etc.) are a great starting point , especially since most Thai lawyers are unfamiliar with drafting proper bilingual legal documents.
FAQs
Is a separate Thai will always required?
No. A foreign will can be accepted for use in Thailand if its form is valid under the law of the place where it was made (or under Thai law), with proper legalization and certified Thai translation for court use. See section 1667 (official explainer).
Foreign probate / grant of representation: Thailand does not give automatic effect to foreign court judgments or probate orders. You apply to a Thai court to appoint an estate administrator; a foreign probate/grant may be filed as evidence to support the Thai application and can simplify an uncontested case, but it is not self-executing. Court of Justice note on recognition/enforcement of foreign judgments · Thai court checklist for estate-administrator petitions.
When is a Thai will most useful?
Short answer: whenever Thai-sited assets or family ties make it faster, clearer, and safer to probate in Thailand.
- You hold Thai assets (condo/house, Thai bank accounts, vehicles, shares in a Thai company, lease/superficies/usufruct) and want local probate to proceed efficiently in Thai courts.
- You live in Thailand (long-stay/visa/residency) or your spouse/children are Thai-resident, so executors, witnesses, and heirs are easier to organize locally.
- You want a different distribution in Thailand than in your home country (e.g., carve-out Thai assets to a Thai spouse/child, set aside a specific condo, or fund a Thai trust-alternative like usufruct/superficies).
- You need Thai-specific appointments: name a Thailand-based executor/representative, guardian for Thai-resident minors, or directions for local funeral/cremation and temple donations.
- You want to reduce translation/legalization steps (a Thai/English will under section 1656 with Thai witnesses avoids having to prove a foreign will’s formal validity and translate large bundles).
- You want to avoid conflicts between wills: a Thai will limited to “property situated in Thailand” with a coordination/non-revocation clause prevents overlap with a foreign will.
Tip: Keep your foreign will and Thai will consistent (each limited to its own assets/jurisdiction) and name executors who can act locally.
Do I need to notarize or “register” a will in Thailand?
Short answer: No notarization and no central will register. A written Thai will under Section 1656 (พินัยกรรมลายลักษณ์อักษรต่อหน้าพยาน 2 คน) — and a holograph will under section 1657 — is valid by form if it meets the statute; it is not filed in any central registry. (See DOPA’s guidance and Civil and Commercial Code explainer.) DOPA – Public-document will service page (1658) · DOPA registrar manual: wills register & custody
Wills made at the Amphur (kept in a register): If you choose a will before a district officer as a public document under section 1658 (พินัยกรรมแบบเอกสารฝ่ายเมือง) or a secret document under Section 1660, the officer records it and it is entered in the Amphur’s wills register and kept confidential during the testator’s lifetime. If the testator later requests the will back, the Amphur must release the original but keeps a certified copy under seal (confidential until death), per the registrar manual and Civil and Commercial Code section 1662 practice. DOPA 1548 – Steps for 1658 wills · Registrar manual (custody & copies)