Drafting a Will in Thailand:
Legal Options and Practical Steps for Expats
Planning your estate is one of the most responsible steps you can take, especially if you live in Thailand or own property here. Many expats are unaware that under Thai law, there are several ways to legally make a will. This article outlines those options, explains what documents you need, and offers practical advice for choosing the format that works best for your situation.
Legal Will Formats Under Thai Law
Thai law (Section 1655–1672 → of the Civil and Commercial Code) allows several valid formats for wills. All carry the same legal effect if made correctly. The most common types are:
| Format | How It Works | When to Use |
|---|---|---|
| Standard Will | Written and signed by the testator in front of two qualified witnesses who also sign. No official registration is required (section 1656). | Most common and practical for expats. Simple, low cost, and enforceable. |
| Official Will | Testator gives a verbal statement at the district office (Amphur) in front of an officer and two witnesses. The officer records and certifies it (section 1658). | More formal. May be helpful in probate but requires speaking Thai, not ideal for most foreigners . |
| Secret Will | The testator signs and seals the will, then submits it to the district office with two witnesses. The contents remain private until opened by the court (section 1660). | Best for confidentiality, but still requires submission in Thai. Less common among expats. |
Language Note: District officials usually speak only Thai. For the official or secret will formats, this can be a challenge unless you are fluent in Thai or assisted by a Thai lawyer or interpreter.
What Documents You Need to Draft a Will
Whether you plan to draft the will yourself or work with a lawyer, preparing the right documents in advance will make the process smoother. These documents will help ensure accuracy, avoid delays, and serve as a reference for your executor or legal advisor.
- Copy of your passport
- Copies of Thai ID card and house book (if heirs or witnesses are Thai)
- Copies of land title deeds, condo documents, and house registration
- Full legal names and addresses of all heirs, legatees, and executors
- List of specific gifts or instructions (e.g., who receives which property)
Tip: It's a good idea to keep a separate personal document, not part of the will, listing all relevant assets, account details, and locations of important documents. This helps your executor locate everything easily without relying solely on the wording of the will itself.
Will Download
Who Can Witness a Will?
Your witnesses must be:
- At least 20 years old (sui juris)
- Of sound mind (not (section 1670) 'persons adjudged quasi-incompetent' or 'persons who are deaf or dumb or blind'
- Not named in the will as heirs or legatees
It’s best to use neutral, unrelated witnesses, for example, law office staff.
Does a Thai Will Need to Be Notarized?
No. Thai law does not require notarization of wills. As long as the will meets legal formalities (signed before two witnesses), it is fully valid. However, some expats choose to have their will notarized or certified, for example, by an embassy or licensed Thai notary, as an extra safeguard when the will is in English or will be presented abroad.
Tips for Expats Writing a Will in Thailand
- Use a bilingual will (Thai and English) to avoid translation issues
- Don’t include overseas property in your Thai will — avoid cross-revocation
- Store the signed original in a safe place and inform your executor
- Review your will every few years or after major life events
Bilingual Format: Your will should ideally be drafted in Thai with an English translation included. Thai courts will rely on the Thai text, but having English alongside ensures that foreign heirs, executors, or lawyers understand your wishes clearly.
Need a ready-to-use Thai Will (Th-En)?
Download our bilingual Thai-English DIY Will template – lawyer-drafted, district-office-ready, instant email delivery.
Do You Need to Register a Will?
No. Under Thai law, there is no requirement to register a will for it to be valid. However, submitting it officially (via secret or official will formats) may help the court process your estate more smoothly.
Should I Have More Than One Will?
If you have property both in Thailand and overseas, it's usually best to make two separate wills: one Thai will covering assets in Thailand, and one foreign will for assets elsewhere. This prevents legal conflicts and delays during probate. Just be sure the wills do not revoke each other. Important: A Thai will should cover only assets located in Thailand, such as land, condominium units, bank accounts, vehicles, and personal belongings situated in the country. For property abroad, prepare a separate will under the laws of that jurisdiction to avoid conflict or duplication.
Read: Do I Need a Thai and Foreign Will? A Guide for Expats
Final Thoughts
Creating a Thai will is a practical and legally sound way to protect your loved ones and your estate. Whether you choose a simple standard will or go through an official process, it’s important that your wishes are clearly recorded and legally enforceable.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.