Thailand Law Online
Thai law by real lawyers with real experience
Child support in Thailand is a legal obligation that applies to both Thai and foreign parents. Whether you are divorcing, separated, or were never married, Thai law requires both parents to contribute financially to the child’s upbringing. This guide explains the rules, how the courts calculate payments, and what you can do if support isn’t being paid.
When someone dies in Thailand without a valid will, their estate is distributed to their statutory heirs according to Section 1629 of the Civil and Commercial Code. These heirs are ranked by law and may include a spouse, children, parents, and siblings. But what if you wish to exclude someone from inheriting?
If you're an expat living in Thailand or holding assets here, it's important to know the legal requirements for witnesses and executors when preparing your Thai last will and testament. This article outlines who can legally witness or execute a will under Thai law, and what to consider when signing abroad.
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.
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.
Many foreigners who reside in Thailand, often with Thai spouses, family ties, or property, assume that a single will is enough to cover all their assets. But if you have property both in Thailand and abroad, relying on just one will, especially one made in your home country, can lead to legal complications. This guide explains how inheritance law works in Thailand, why a separate Thai will is often recommended, and how using dual wills (one for Thailand, one for abroad) can provide clarity and better protection for your estate and your loved ones.
Sample Clause:
Sample Clause in a Thai Prenuptial Agreement:
This Agreement is made in accordance with the laws of the Kingdom of Thailand and shall be governed and interpreted exclusively in accordance with Thai law.
The parties agree that any dispute arising in relation to this Agreement shall fall under the exclusive jurisdiction of the courts of Thailand.
Many foreigners marry in Thailand and sign a prenuptial agreement under Thai law, thinking the matter is settled. But what happens if you later move abroad and divorce occurs in your home country? Will that Thai prenup still protect your assets?
The short answer: It depends on where you live, and how your prenuptial agreement was drafted.
A properly registered prenuptial agreement under Thai law is enforceable in Thailand. However, foreign courts are not automatically bound to recognize it, especially in countries with different legal systems.
Understanding Legal Advice Requirements Under Thai and Foreign Law
Many foreign nationals marrying in Thailand are unsure whether their Thai fiancée needs independent legal advice before signing a prenuptial agreement. The short answer: under Thai law, she does not. But if you intend to use the agreement abroad or have assets in multiple jurisdictions, the answer becomes more nuanced. This guide explains when legal advice is required, why it matters, and how to protect your agreement under both Thai and foreign legal systems.
Example clause from a prenuptial agreement:
"The spouses agree that there shall be no community of property between them, except for a limited community of household effects. All other forms of matrimonial property regimes are expressly excluded."
"คู่สมรสตกลงกันว่าจะไม่มีทรัพย์สินส่วนรวมระหว่างกัน ยกเว้นเพียงทรัพย์สินที่ใช้ร่วมกันในครัวเรือนเท่านั้น ระบอบทรัพย์สินสมรสในรูปแบบอื่น ๆ ทั้งหมดให้ถือว่าไม่อยู่ภายใต้ข้อตกลงนี้โดยชัดแจ้ง"
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.
A marriage in Thailand will have legal consequences for you and your spouse. Such consequences (e.g. obligation of maintenance towards each other, legal relationship with children born, consequences for property you own) can be found in the Civil and Commercial Code of Thailand (ประมวลกฎหมายแพ่งและพาณิชย์), which is the main body of laws that deals with the legal consequences of Family and Marriage in Thailand.
This questionnaire is designed to help you prepare a legally valid Last Will and Testament specifically for assets located in Thailand, in accordance with Section 1656 of the Thai Civil and Commercial Code. It is intended for foreign nationals who reside in Thailand or own property here and wish to clearly determine how their estate should be distributed upon death. The resulting document will be a “Thailand-Only Will” (limited jurisdiction), which allows you to name beneficiaries, appoint an executor, and specify your final wishes.
This Will is valid only for assets situated in Thailand and can be used for personal planning or as a foundation for consultation with a legal professional or notary.
A living will in Thailand is a legally recognized form of advance health care directive, created by someone who is still mentally and legally competent. It allows individuals to document their wishes regarding medical treatment should they become unable to communicate or make decisions due to serious illness or incapacity.
The Thai Civil and Commercial Code (Sections 1465–1493) provides a detailed legal framework governing property relations between spouses. This guide explains how prenuptial agreements, personal assets, and marital property are treated under Thai law.
A 'power of attorney' lets you appoint someone you trust to manage important matters on your behalf (a lawyer, family member, friend). A power of attorney is basically used to legally hand over control of your affairs to another person. The 'principal' empowers another individual 'attorney-in-fact' (or agent) to act on his behalf. The attorney in fact takes control of the principal’s business and legal dealings subject to the power of attorney.
Thailand issues the following types of visas through Thai Embassies and Royal Thai Consulates-General: Transit Visa, Tourist Visa, Non-Immigrant Visa (e.g. category O, B and OA), Diplomatic Visa, Official Visa, Courtesy Visa. For more Thailand visa information visit the website of the Thai embassy or Thai consulate in the country where you apply for your visa, or the website of the Ministry of Foreign Affairs of Thailand - here -, Thai Immigration Bureau - here -, or for more practical visa info visit the Thai Visa forum - here -, information about work permits can also be found - here -.
unofficial translation, law translation for reference purpose
Whereas it is expedient to have a law relating to child adoption
Section 1. This Act shall be called the "Child Adoption Act B.E. 2522 (1979)”.
To carry out the terms of a will a person or institution must be appointed by the court. An 'administrator' or executor of a will is responsible for the payment of any debts and to distribute the remaining assets according to the testators wishes when a valid last will and testament has been made, or according to inheritance and succession laws when there is no last will or testament.
TITLE IV
CHAPTER I
Section 1711. The administrators of an estate shall included the persons appointed by will (last will or testament) by order of the Court.
TITLE I
GENERAL PROVISIONS
CHAPTER I
Section 1599. When a person dies, his estate devolves on the heirs.
Maintenance (also referred to as alimony or financial support) can be legally claimed in Thailand between husband and wife or between parent and child. This includes both spousal support after divorce and child support obligations. Under Thai family law, the right to maintenance is protected by Sections 1598/38 to 1598/41 of the Civil and Commercial Code. These rules govern who can claim support, how much may be awarded, and under what conditions the court may increase, reduce, or modify support obligations.
TITLE III
Section 1598/38. Maintenance may be claimed between husband and wife or parent and child when the party entitled to maintenance has not been furnished with the maintenance or has been furnished with the maintenance insufficient to his condition in life. How much and to what extend the maintenance would be granted or not will be decided by the Court, by taking account of the ability of the person bound to furnish the maintenance, the condition in life of the receiver and the circumstances of the case.