Last Will and Testament in Thailand

Last Will and Testament in Thailand. In Thailand, succession law is codified and formal, requiring strict adherence to legal procedures and evidentiary standards to ensure a will’s validity. The Last Will and Testament serves as the key instrument for directing the disposition of one’s assets upon death, appointing executors, and avoiding intestate distribution under default Thai inheritance laws.

This article provides a comprehensive exploration of Thai testamentary law, including types of wills, execution requirements, probate procedures, legal effects, and challenges particularly relevant to foreign nationals and mixed-nationality families.

I. Legal Basis of Wills in Thailand

Wills in Thailand are governed by Book VI of the Thai Civil and Commercial Code (CCC), specifically Sections 1599–1755, which deal with:

• Forms and validity of wills

• Capacity to make a will

• Appointment and powers of executors

• Succession rights of heirs

• Probate and estate administration

Unlike common law jurisdictions, Thai law is code-based, and the courts apply these codified rules directly rather than relying on judicial precedent. This makes formal compliance critical.

II. Legal Capacity and Requirements

Who Can Make a Will?

Under Section 1703 of the CCC, a person must:

• Be at least 15 years old

• Be of sound mind

• Not be subject to any judicial declaration of incompetence

Wills made under duress, deception, or undue influence are voidable.

III. Forms of Wills Recognized Under Thai Law

Thai law recognizes multiple formal types of wills. Each must strictly follow statutory requirements to be valid:

1. Ordinary Written Will (Section 1656)

The most common form. It must:

• Be in writing

• Include the date of execution

• Be signed by the testator

• Be witnessed by at least two persons, present at the same time, who also sign

Witnesses must:

• Be over 20 years old

• Be of sound mind

• Not be beneficiaries or spouses of beneficiaries

2. Holographic Will (Section 1657)

Must be entirely handwritten, dated, and signed by the testator. No witnesses required. If typed or partially typed, it becomes invalid.

3. Public Will (Section 1658)

Declared orally before a District Registrar in the presence of two witnesses. The official records the statement in writing, which is then signed and sealed.

Advantage: Presumed valid and securely held by authorities.

4. Secret Will (Section 1660)

Written and sealed by the testator, then delivered to a District Official in the presence of two witnesses. Rarely used due to complexity.

IV. Key Components of a Will

A legally sound Thai will should contain:

• Clear identification of the testator

• Appointment of one or more executors

• Specific disposition of assets, such as:

  • Bank accounts

  • Real estate

  • Company shares

  • Movables and personal effects

• Appointment of a guardian for minor children, if applicable

• Signature of the testator and valid witnesses (except for holographic or secret wills)

V. Revocation and Amendment

A will may be revoked:

• By a subsequent will that expressly revokes the earlier one

• By physical destruction with intent to revoke

• By inconsistent testamentary acts

Amendments (codicils) must follow the same formal requirements as a will. Informal changes (e.g., crossing out or margin notes) are not enforceable.

VI. Intestate Succession (When No Valid Will Exists)

If a person dies without a valid will, Thai law determines distribution through statutory inheritance rules (CCC Section 1629), dividing the estate among the following classes of heirs, in descending order of priority:

1. Descendants

2. Parents

3. Full-blood siblings

4. Half-blood siblings

5. Grandparents

6. Uncles and aunts

The surviving spouse shares in the estate, with their share varying depending on which heir class exists. If no legal heirs survive, the estate escheats to the State.

VII. Foreign Nationals and Thai Wills

Foreigners may draft a valid Thai will for their assets in Thailand, including:

• Condominiums

• Bank deposits

• Vehicles

• Shares in Thai companies

• Personal belongings

Common Issues:

• Foreign wills may be accepted in Thailand if properly legalized and translated, but a Thai will simplifies probate.

• Thai courts do not apply foreign succession law unless it clearly governs the matter (e.g., movable property of a foreigner domiciled abroad).

• It’s recommended to create separate wills for Thai and foreign assets to avoid jurisdictional conflicts and probate delays.

VIII. Probate and Court Procedures

Upon death, the will must be submitted to the Thai courts for recognition and enforcement:

1. Filing a Probate Petition

The executor or heir files a petition in the Civil Court or the Provincial Court where the deceased resided or where the assets are located.

2. Notice and Hearing

• The court will set a hearing date

• Public notice is given to allow objections

• Heirs may contest the will’s validity or submit rival claims

3. Probate Judgment

• If the will is found valid, the court will appoint the executor

• The executor is given authority to administer and distribute the estate

The probate process usually takes 6–12 months, but it can be longer in complex or contested cases.

IX. Executor Duties and Powers

An executor in Thailand:

• Collects and manages the deceased’s assets

• Pays taxes and debts

• Distributes assets per the will

• Provides accounting to the heirs

• May need court approval for certain actions, such as selling property

Executors may be individuals or law firms. Foreign executors may be appointed but may face practical difficulties with administrative procedures unless based in Thailand.

X. Legal and Practical Tips

• Witnesses must not be beneficiaries, or the gift to them may be voided.

• Include Thai land plot details and title deed numbers when devising real estate.

• Always appoint alternate executors in case the primary executor is unable to serve.

• Keep the will in a secure location—some people lodge it with the local district office, law firm, or trusted family member.

• If you plan to revoke an earlier will, do so expressly and clearly in the new document.

Conclusion

Drafting a Last Will and Testament in Thailand requires careful attention to the statutory forms and procedural rigor of Thai law. Whether you are a Thai national or a foreign resident with local assets, a properly structured will ensures your estate is managed according to your intentions, reduces the burden on heirs, and prevents costly probate disputes.

While basic will forms may be used for simple estates, complex assets, multinational families, and cross-border legal situations demand legal expertise to align the document with Thai law and international considerations.