Do You Need a Thai and Foreign Will?
Estate Planning for Expats with Assets in Thailand

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.

Why a Thai Will Is Important

Thailand has a civil law system, and its succession rules are governed by the Thai Civil and Commercial Code (Book VI). If you die without a valid will in Thailand, your assets located in Thailand will be distributed according to Thai intestacy rules, which may not reflect your personal wishes.

Without a Thai will, the following may happen:

  • Your spouse and children may share your Thai estate in ways that differ from your intentions
  • Long delays in probate and estate administration
  • Difficulties for your foreign heirs dealing with Thai bureaucracy
  • Risk of conflicting claims between heirs under Thai and foreign law

Thai courts generally require that a will disposing of assets in Thailand follow Thai legal formalities. This includes a written document, signed in front of two witnesses who are present at the same time (Book V section 1656: Wills in Thailand). Wills in other formats (e.g., handwritten or oral) may be harder to prove.

Note: The importance of having a Thai will depends on your personal circumstances. While it's often crucial for foreigners with strong ties to Thailand (e.g. marriage, Thai heirs, or residence), it may not be beneficial, and can even complicate matters, for those who only own a holiday property like a condo. Read more →

Types of Wills Under Thai Law

Thai law allows several types of valid wills. All have the same legal effect if properly executed, but some may be more secure or convenient during probate.

Type of Will Description Key Features
Standard Will A private will signed before two witnesses. Most common; easy to create; fully enforceable if properly witnessed.
Official Will Recorded at a district office in front of an officer and two witnesses. Formally recognized by Thai authorities; may carry more weight in probate, but usually requires communication in Thai — which can be a barrier for foreign testators.
Secret Will Sealed and submitted to a district officer by the testator and two witnesses. Contents kept private until probate; legally valid.

Note: All formats carry the same legal status under Thai law. However, wills made with official oversight may be easier for Thai courts to process during probate.

Foreign Wills: Valid, But Risky Alone

Foreign wills can be used in Thailand if properly translated, legalized, and submitted to court. But this often leads to delays and complexity, especially for real estate. Thai courts may disregard clauses that contradict Thai law or public policy.

Dual Wills: The Safe Strategy for Expats

Having a separate Thai will for assets in Thailand and a foreign will for assets abroad is generally the most practical solution. Just ensure the wills do not revoke each other. Each will should contain a clause limiting its scope to a specific jurisdiction.

Documents Typically Required to Draft a Thai Will

  • Copy of the testator's passport
  • Copies of ID card and house book of named beneficiaries
  • Copies of title deeds and house registration for Thai properties
  • Full names and addresses of executor(s) and witnesses

International Treaties and Succession Law

Thailand is not a party to the Hague Convention on Succession or the EU Succession Regulation. As a result, Thai law generally applies to Thai real estate, even if you elect foreign law in a will. Courts in other countries may recognize a Thai will, but recognition is not guaranteed across legal systems

Executor Choice and Probate

Name a reliable executor who can operate in Thailand. Foreign executors may face challenges unless they are physically present or have legal representation in Thailand.

Summary: Why You Should Consider a Thai Will

  • Protects assets in Thailand with clear legal standing
  • Streamlines court procedures and reduces costs
  • Minimizes conflict between jurisdictions
  • Complements your foreign will without replacing it

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.

Final Tip: A dual-will strategy offers peace of mind and legal clarity if you’re an expat living in Thailand or owning property here. It’s a small effort that prevents major complications.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.