Making a will in Thailand: what expats need to know
A signature, two witnesses and an afternoon of a lawyer's time is the difference between your family inheriting and your family waiting on a Thai court.
If you have assets in Thailand (a condo, bank accounts, a vehicle), making a will in Thailand is the cheapest piece of estate planning you will ever do. A foreign will can be enforced here, but only after Thai court probate with certified translations, which is slow and costly for your family. A standard Thai will needs your signature and two witnesses present at the same time, and you can make one from age 15. Die without one and Thai intestacy law decides who gets what, with your spouse sharing the estate with your blood relatives.
- 15 minimum age to make a will
- 2 witnesses, present together
- 5 legal forms of Thai will
- 6 classes of statutory heirs
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At a glance
- Minimum age to make a will 15
- Witnesses, standard written will 2, present together
- Statutory forms of will 5
- Witnesses inheriting Barred, gift void
- Language of the will Any, Thai translation for probate
- Classes of statutory heirs 6
- Divorce revokes a will No
- Non-qualifying foreign heir, condo Dispose within 1 year
Why you need a separate Thai will
Thai courts will recognise a will made abroad, but your heirs must put it through Thai probate with certified translations of every document. That adds months and real money at the worst possible time. The practical answer is a Thai will covering only your Thai assets: bank accounts, condo, vehicle, personal effects. If you have just bought a condo, that purchase is the natural trigger to get this done.
Keep your existing will at home for home-country assets. The classic drafting error is a new will that accidentally revokes the old one, or the reverse. Both documents should state that they cover separate assets and do not revoke each other. A lawyer drafting either one should see the other.
Making a will in Thailand: the five legal forms
The Civil and Commercial Code recognises five forms of will (sections 1655 to 1663).
- Written will.
Made in writing, dated and signed before two witnesses who are present at the same time and sign to certify your signature (section 1656). This is the standard form and the one lawyers draft.
- Holographic will.
You write the entire document in your own handwriting, then date and sign it (section 1657). No witnesses needed, which makes it the only true do-it-yourself form, and also the easiest to get wrong.
- Public document.
You declare your wishes to the registrar at the district office (amphur) before two witnesses, and the registrar records them (section 1658). Maximum formality, hardest to challenge.
- Secret document.
You sign a sealed will and deposit it with the district registrar (section 1660). Rarely used.
- Oral will.
Only in genuine emergencies such as imminent death, an epidemic or war, declared before at least two witnesses (section 1663). It lapses one month after you regain the ability to make a will in one of the other forms (section 1664).
What makes a Thai will valid
You can make a will from age 15 (section 25 of the Code). A will made by anyone younger is void (section 1703). Older Thaiger content and plenty of other sites still say 20, which is the age of general legal majority, not the will-making age. The correct number is 15.
The trap most people miss is section 1653: the person who writes the will out, any witness, and the spouse of either cannot receive anything under it. The will itself survives, but their gift is void. So if your lawyer’s clerk types the will and then signs as a witness, that is fine, but your spouse witnessing it would cost them the inheritance. Choose witnesses with no stake in the estate.
Any amendment must follow the same formalities as the original, so no handwritten notes in the margin. And Thai law does not revoke a will on divorce, so update yours as part of any divorce.
What to put in your Thai will
A well-drafted Thai will covers six things: an executor (name a second in case the first cannot act), your beneficiaries, a list of Thai assets (bank accounts with branch names, the condo, vehicles, valuables), guardianship of minor children, funeral wishes, and any organ donation instructions.
Thailand also recognises living wills. Under section 12 of the National Health Act B.E. 2550 (2007), you can make a written declaration refusing treatment intended only to prolong dying. It is a separate document from your will, and worth doing at the same time. Pair the estate plan with life insurance and your family is covered from both directions.
Dying without a will in Thailand
Die intestate and section 1629 of the Code distributes your estate to six classes of statutory heirs in strict order: descendants, parents, full siblings, half siblings, grandparents, then uncles and aunts. Your surviving spouse is a statutory heir alongside whichever class inherits.
The mechanism matters more than the fractions. Your spouse first takes their half of the marital property (sin somros), and only then is your personal estate divided. The spouse then shares that estate with the surviving class; with children, the spouse takes an equal share as if they were another child. Since the Marriage Equality Act came into force on 23 January 2025, same-sex spouses inherit on identical terms.
With no heirs at all, the estate passes to the state (section 1753). Either way, a court must appoint an administrator before anyone touches anything, which typically takes months. Making a will in Thailand replaces all of this with your own instructions and your own executor.
Foreigners inheriting property in Thailand
A foreign heir can inherit a condo, but keeping it depends on qualifying under section 19 of the Condominium Act. Heirs who qualify (permanent residents, for example) can register the unit if the building’s 49% foreign quota has room. A non-qualifying foreign heir, which is the common case, must notify the authorities in writing within 60 days and dispose of the unit within one year, or the Department of Lands can sell it.
Land is harder. A foreign statutory heir can in theory ask the Interior Minister for permission to keep a limited area (up to 1 rai for residential use), but in practice permission is not granted, and land left to a foreigner under a will cannot be approved at all. The heir must dispose of it within a period of between 180 days and one year set by the Land Department. If land is part of your estate, plan around it with leases or usufructs before death, not after.
A registered lease generally dies with the lessee unless the contract has a succession clause, and even then enforcement against the lessor is contractual. Heirs who end up selling inherited property should get advice before signing anything.
What happens after you die
Even with a valid will, Thai banks freeze your accounts the moment they learn of your death, and they stay frozen until a court appoints your executor. The Land Office takes the same line for property transfers. Probate through the Thai courts typically runs months, and every gap or defect in the will adds more.
That is the real argument for doing this properly now. A correctly witnessed Thai will with a named executor is the difference between your family waiting months and waiting far longer while a court untangles two legal systems.
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What to do next
List your Thai assets, pick an executor and a reserve executor, and choose two witnesses with nothing to gain from the estate. Then have a Thai will drafted that covers those assets only, and says in terms that it does not revoke the will you hold at home. A bilingual document saves your family a certified translation at probate.
Do the same-day extras while you are at it: a living-will declaration under the National Health Act, and a check that your life insurance beneficiaries still match your intentions. If you have just bought a condo, or you are going through a divorce, treat either as the trigger to write or rewrite the will now, because Thai law does not revoke a will on divorce.
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Frequently asked questions
Do I need a Thai will if I already have one at home?
Yes, if you hold Thai assets. A foreign will works here only after Thai probate with certified translations. Keep one will per country and make sure they state they do not revoke each other.
What makes a will legally valid in Thailand?
The standard form is written, dated and signed before two witnesses present at the same time. You must be at least 15. Witnesses, the person who writes the will out, and their spouses cannot inherit under it.
Can I write my will in English?
Yes. Thai law does not require any particular language. The probate court will need a certified Thai translation, so a bilingual will is best practice.
What happens if I die in Thailand without a will?
Thai intestacy law distributes your estate among six classes of statutory heirs, your spouse shares alongside them, and a court must appoint an administrator first. Your bank accounts stay frozen until it does.
Does my spouse automatically get everything?
No. Your spouse takes their half of the marital property, then shares the rest with your closest surviving class of relatives. Only if no statutory heir survives does the spouse take everything.
Can a foreigner inherit land in Thailand?
Not in practice. A statutory heir can apply to keep a limited area, but approval is not given in practice, and land left by will cannot be approved at all. The heir must dispose of the land within up to one year.
Does divorce cancel my Thai will?
No. Thai law does not revoke a will on divorce, so an ex-spouse named in an old will can still inherit. Update your will as soon as the divorce is final.
How much does making a will in Thailand cost?
Will drafting is a defined job that lawyers price as a fixed fee agreed up front. Tell us what your estate includes and we will match you with a vetted English-speaking lawyer who confirms the full fee before you commit.