Inheritance Law
Last Will and Testament in Thailand

The Thai legal system of succession and inheritance is codified and can be found in the civil and commercial 'Book V Succession'. It among others governs the distribution and administration of the estate of a person after his death, how to make a valid will in Thailand (Title III 'Wills'), and determines what happens to a person's assets after death when there is no last will or testament made.

Terms or article numbers shown with dotted underlines include short explanations when you hover, and full definitions or references when you click (e.g., executor, Section 1658).

Succession under Thai Inheritance Laws

The chapter 'statutory right of inheritance' contains the laws of descent and distribution of the estate when there is no last will and testament made by the decedent. Pursuant to section 1629 of the civil code there are 6 classes of statutory heirs in Thailand and they are entitled to inherit in the following chronological order:

  • descendants 
  • parents
  • brothers and sisters of full blood
  • brothers and sisters of half blood
  • grandparents
  • uncles and aunts

The surviving spouse of the deceased is a statutory heir in accordance with a special provision in the civil code, section 1635.

Making a will in Thailand

By making a last will and testament the testator outlines his final wishes and what he or she wants to do with his or her possessions after death. For the testator it is important to observe the legal requirements, as codified in the 'Title III Wills', book 5 of the civil code (Wills), in order to make a valid last will or testament in Thailand. The following 'forms of wills' are accepted in Thailand, that is, a will made pursuant the chapter 'forms of wills' in the civil code:

A registered will as a 'secret document'

Thais and foreigners with assets in Thailand can make last will according to section 1660 'as a secret document' registered with the local municipality.

Section 1660: A will may be made by a secret document, that is to say:

  1. the testator must sign his name on the document;
  2. he must close up the document and sign his name across the place of closure;
  3. he must procure the closed document before the Kromakarn Amphoe and at least two other persons as witnesses and declare to all of them that it contains his testamentary disposition; and if the testator has not written with his own hand the whole text of the document he must state the name and domicile of the writer;
  4. after the Kromakarn Amphoe has noted down upon the cover of the document the declaration of the testator and the date of the production and has affixed his seal thereupon, the Kromakarn Amphoe, the testator and the witnesses must sign their names thereon.

A registered will as a 'public document'

A will may also be made as a registered document (section 1658) with the local municipality (i.e. the Kromakarn Amphoe). The testators states his wishes to the assigned government official (competent authority) who writes down the testators last will in Thai script. The official must again read it to the testator (in Thai language) who then must sign the last will drawn up by the public officer.

Section 1658. A will may be made by public document, that is to say:

  • the testator must declare to the Kromakarn Amphoe before at least two other persons as witness present at the same time what dispositions he wishes to be included in this will;
  • the Kromakarn Amphoe must note down such declaration of the testator and read it to the latter and to the witnesses;
  • the testator and the witnesses must sign their names after having ascertained that the statement noted down by the Kromakarn Amphoe corresponds with the declaration made by the testator;
  • the statement noted down by the Kromakarn Amphoe shall be dated and signed by such official who shall certify under his hand and seal that the will has been made in compliance with the foregoing Subsections 1 to 3.
    • No erasure, addition or other alteration in such will is valid unless signed by the testator, the witness and the Kromakarn Amphoe.

    Continue with the civil and commercial code (forms of wills)

    A private will as an 'unregistered written document'

    The most common will in Thailand is a written and witnessed last will and testament according to section 1656 of the Civil and Commercial Code (template download).

    Section 1656: A will may be made in the following form, that is to say, it must be in writing, dated at the time of making, dated at the time of making of the will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator. No erasure, addition or other alteration is valid unless made in the same form as prescribed by this section.

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    Making a last will in Thailand as a foreigner

    Foreigners closely connected with Thailand (having their habitual residence in Thailand and for example married to a Thai national) can make a will in Thailand under Thai law for their assets and could designate the law of Thailand to govern the succession of their (Thailand) estate. The 'Thai Last Will' could also include a limited jurisdiction clause, limiting the effect of the will specifically to assets located in Thailand. If you make a Thai will you must ensure that your foreign will excludes Thailand and that any subsequent last will you make in another country does not supersede the testamentary dispositions under your Thai will.

    Practical Tip: Foreign Probate vs. Duplicate Thai Will

    If your Thai assets are to be distributed exactly the same as in your foreign will, a separate Thai will usually adds cost and a second probate with little benefit.

    • Prefer route 1 (foreign probate): obtain the foreign grant of probate first, then apply in Thailand only for appointment of a local administrator to act on Thai assets.
    • Add a simple scope/non-revocation clause in the foreign will to facilitate the Thai appointment (so the court sees it’s intended to cover Thai assets too).

    When a Separate Thai Will Does Help

    • You want different dispositions for Thai assets vs. overseas assets.
    • You need a Thai-based executor for quick local action, or there’s urgency before the foreign grant is ready.
    • Your Thai holdings are complex (multiple banks, businesses, disputes expected).

    Bottom line: If content is identical, skip the duplicate Thai will and use Route 1. If Thai wishes differ or local execution speed matters, consider a focused Thai will.

    Formal Requirements of the Testator

    To make a valid last will and testament in Thailand, the testator must meet specific capacity and voluntariness rules under the civil and commercial code.

    Age. A minor who has completed fifteen (15) years may make a will (section 25). A will made by a person under fifteen is void (section 1703).

    Sound mind (testamentary capacity). A will made by a person adjudged incompetent is void. If the person was merely alleged to be of unsound mind (not adjudged), the will is voidable only if it is proven that the testator was actually of unsound mind at the time of execution (section 1704).

    Free will (no duress, mistake, or fraud). After the testator’s death, an interested person may seek cancellation of a will made under duress; however, no cancellation is allowed if the testator lived more than one year after the duress ceased (section 1708). A will induced by mistake or fraud is cancelable only if the mistake or fraud was decisive; it remains operative if the testator failed to revoke it within one year after discovery (section 1709). Actions for cancellation must be brought within the short time limits set by section 1710 (generally three months from death or discovery, with a ten-year long-stop).

    Probate and Inheritance in Thailand

    After the testator’s death, the will must be filed with a Thai court for probate. The court validates the will and appoints an estate administrator (executor) to collect assets, settle lawful debts and taxes, and distribute the estate according to the will.

    Probate is required for most estates holding Thai assets (e.g., bank accounts, land, condos, vehicles). Foreign nationals may serve as administrator if the court approves. Typical steps include: petition to the court, hearing and appointment order, inventory of assets, payment of liabilities, and final distribution to beneficiaries with receipts for closure.

    If there is no valid will, the estate is divided under Thailand’s intestacy rules among statutory heirs in fixed classes and degrees. For details, see: Statutory inheritance in Thailand.

    Inheritance tax (how it applies to foreigners)

    Thailand charges inheritance tax only on the portion of an inheritance from one decedent that exceeds THB 100 million. Rates are 5% for ascendants/descendants and 10% for other heirs; a spouse is exempt. Non-Thai individuals not domiciled in Thailand are liable only on assets situated in Thailand (e.g., Thai real estate, Thai bank deposits, securities, registered vehicles), while Thai nationals and non-Thai persons domiciled in Thailand are liable on eligible assets worldwide. Valuation is taken on the date the heir receives the assets, and if tax is due, file form ภ.ม.60 and pay within 150 days.

    What to include in the will

    You want to make a specific or general will but are not sure where to start? The list below includes the kind of information you need to consider.

    Personal information of the testator
    • Full name, date of birth, address, nationality, passport number of the testator;
    • Details of the heirs, full names, dates of birth, address, nationality, substitutes in case the heir(s) predecease the testator;
    • Executor of the will (the job of an executor is to administer your estate);
    • Names and addresses of executors (most married people choose their spouse as the executor if they are giving their entire estate to their spouse). You can appoint one executor and a substitute executor if the executor predeceases, however they must be appointed by the court;
    • Witnesses of the will;
    • Full name and details of ID-card or passport of the witnesses;
    • Possible funeral requirements (what should happen to your body when you die).
    Specific legacies
    • money or property that you give to someone specific after you die (not included in a general will)
    • do you wish to give any jewelry cash legacies? If so state amount of gift, full name and address of legatees (including charities).
    Other
    • Do you want to appoint guardians for your minor children in Thailand?
    • Do you leave immovable property in Thailand to a minor?
    • Do you want a limited jurisdiction clause (that is, your will should relate solely your assets in Thailand)?
    • Do you have a current will?

    It is recommended to keep a list of assets and liabilities in Thailand together with a copy of your will. The schedule could include details of the house, contents, car, jewellery, cash at bank, quoted stocks, shares, partnership shares, shares (e.g in a private limited company), other assets or liabilities in Thailand.

    Living Wills vs. Last Wills: Why Both Matter

    A Last Will and Testament takes effect after death, guiding the distribution of your assets. In contrast, a Living Will (Advance Directive) applies while you are still alive, but unable to communicate or make decisions, such as during a medical emergency or coma. In Thailand, a Living Will allows you to state your wishes about life-sustaining treatments and end-of-life care. It ensures your choices are respected and can ease the burden on loved ones during difficult times. Both documents serve different purposes, but together they help protect your rights and give clarity to your family, one for when you're gone, and one for when you can't speak for yourself, read more: living wills in Thailand for expats.

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    Written by a senior legal consultant with over 20 years of experience in Thai family and property law. For legal support, contact ThailandLawOnline.

    ThailandLawOnline offers practical legal guidance for expats in Thailand. The content is for general informational purposes only and is not a substitute for personalized legal advice.

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