Who Can Be a Witness or Executor for a Thai Will? A Guide for Foreigners

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.

Who Can Be a Witness?

Under Thai Civil and Commercial Code, a valid will must be signed in front of at least two qualified witnesses. These individuals may be Thai or foreign nationals, but they must not fall into any of the following disqualified categories:

• Under 20 years old (unless legally married)
• Legally incompetent or quasi-incompetent persons
• Deaf, mute, or blind individuals
• A legatee (beneficiary of the will) or their spouse

Witnesses are only required to certify that the testator (person making the will) signed voluntarily, they do not need to understand or read the will’s contents.

Witnesses to a will rarely need to appear in court, their involvement is generally limited to the signing process unless the will’s authenticity is challenged

Witnessing Abroad

If you're abroad (e.g., in Europe or the U.S.), your will can still be valid under Thai law if witnessed correctly. It’s advisable to include at least one witness who is familiar with Thai law or, preferably, a Thai authority such as a consular officer at a Thai embassy.

If that’s not possible, using a notary public or local government official is acceptable, especially if the will may later be submitted to a Thai court if the will is contested.

Who Can Be an Executor?

Thai law allows both Thai and foreign individuals, and even legal entities like law firms, to act as executors of a will. However, they must meet these qualifications:

• Must be at least 20 years old
• Must not be legally incompetent or quasi-incompetent
• Must not be declared bankrupt

You may appoint multiple executors, such as family members and a trusted Thai legal advisor or law firm. The executor's role is to manage the estate and carry out the instructions in the will, possibly under court supervision.

Signing the Will in Thailand vs Abroad

If you are in Thailand, you can either:

1. Make an ordinary will signed before two witnesses.
2. Make an official will at a district office, with officials recording your statement.
3. Make a secret will, where the signed and sealed document is deposited with authorities without revealing its contents.

If you’re abroad, signing an ordinary will before two eligible witnesses (with notarization if possible) is legally valid. Later, when in Thailand, you may choose to prepare a second will in secret form or update it.

Summary Table: Witness & Executor Rules

Do Witnesses Need to Go to Court?

In most cases, witnesses do not need to appear in court. However, if the will is challenged or needs to be formally proven, the court may call witnesses to confirm its authenticity. Some legal service providers in Thailand offer witnesses for will signing. While it’s rare for witnesses to be called to court, the testator should be aware that if witnesses are provided through a law firm and later need to testify, this service typically incurs additional fees. On the upside, local witnesses are familiar with Thai legal procedures and readily available—unlike foreign witnesses, who may move abroad and be costly to bring back if ever required.

Do Executors in a Thai Will Need to Go to Court?

If you name an executor in your Thai will, it's important to understand their legal role. Under Thai probate law, the executor is responsible for applying to the court for formal appointment to administer your estate. This is not automatic, even with a valid will, the estate must go through the Thai court system.

The executor will typically need to appear in person at least twice:

• Once to submit the probate application with supporting documents, and
• Again for the court hearing where the judge formally appoints them.

How Long Does Probate Take?

The probate process in Thailand usually takes 2 to 6 months, depending on:

• The court's schedule,
• The clarity and completeness of the will and supporting documents, and
• Whether any objections or legal complications arise.

Final Tips for Expats Drafting a Thai Will

Ensuring your Thai will is legally valid and practical for those left behind involves more than just signing a document. Consider the following tips for both witnesses and executor appointments under Thai law:

• Choose your witnesses carefully – They must be at least 20 years old, of sound mind, and not be named beneficiaries under the will.
• Name an executor who is familiar with Thailand – Ideally someone who can appear in Thai court if needed. Foreign executors may face travel and legal complications.
• Consider appointing co-executors – For example, one based in Thailand and one abroad. This can make administration smoother and more flexible.
• Give clear instructions to the executor – Including where key documents are stored and how to contact heirs or legal advisors.
• Store copies securely – Keep one with for example your lawyer, one in a safe place at home, and inform someone you trust.