If you’re an expat living in Thailand, drafting a will might not be at the top of your to-do list. However, failing to plan properly can lead to significant complications for your loved ones, particularly if your assets include Thai property or bank accounts.
Thai inheritance laws differ from those in many Western countries. Without a valid Thai will, your estate could be subject to local intestacy rules, unexpected tax liabilities, or prolonged delays in probate. Here’s what you need to know—and the five mistakes to avoid.
Here’s what you need to know—and the five most common mistakes to avoid.
Why a Separate Thai Will Matters
Even if you already have a will in your home country, it won’t automatically cover your Thai assets.
A will made in your home country can be legally recognised in Thailand, but it’s far from straightforward. Thai courts require foreign wills to be:
- Translated into Thai
- Notarised
- Legalised, often with an apostille
- Validated in Thai probate court
This process can take 6 to 24 months, incur substantial legal and translation fees , and expose your estate to uncertainty if the will conflicts with Thai law.
By contrast, a separate Thai will:
- Complies directly with Thai succession law
- Speeds up the probate process (typically 3–12 months)
- Reduces costs and complexity
- Minimises the risk of the will being contested or rejected
What happens if you die without a will?
Without a will, your estate may fall under Thai intestacy rules (CCC Section 1629)
Under Thai law (Civil and Commercial Code Section 1629), assets are passed to statutory heirs in the following order of priority (only the highest class with surviving members inherits, unless specified otherwise):
- Descendants (children, grandchildren by representation)
- Parents
- Full-blood siblings
- Half-blood siblings
- Grandparents
- Uncles and aunts
The surviving spouse is also a statutory heir (subject to CCC Section 1635) and inherits alongside these classes, with their share varying based on which class is present. Specifically:
- If descendants exist, the spouse shares equally with them (e.g., with two children, the estate splits into three equal parts—one for the spouse and one each for the children).
- If no descendants but parents or full-blood siblings exist, the spouse gets half the estate (the rest shared equally among those heirs).
- If no descendants, parents, or full-blood siblings, but half-blood siblings, grandparents, or uncles/aunts exist, the spouse gets two-thirds (the rest shared equally among those heirs).
- If no other statutory heirs exist, the spouse inherits everything.
Adopted children are treated the same as biological ones (CCC Section 1627). This rigid structure often leads to unintended consequences, especially in blended families or for expats with no Thai relatives, as it may exclude partners, stepchildren, or other non-statutory beneficiaries.Without a will, your estate could be divided in ways that don’t reflect your true wishes—writing a valid Thai will gives you control and peace of mind.
Need help organising a Thai will? Speak with our team in a free consultation to understand your options and make informed decisions.
Top 5 Mistakes Foreigners Make with Wills in Thailand
1. Relying Solely on a Foreign Will
Many expats assume their overseas will covers everything—including their Thai bank accounts, vehicles or property. But a foreign will must go through translation, notarisation, and legalisation. If there’s any conflict with Thai law, or the documents aren’t properly certified, your assets may be frozen for years.
Example: A US expat passed away in Chiang Mai. His foreign will required apostille verification, which delayed probate by over two years, resulting in significant in legal and translation costs for his children.
How to avoid it: Create a dedicated Thai will covering only your Thai assets. Make sure it does not unintentionally revoke your foreign will. Under CCC Section 1646, a new will may automatically revoke an old one unless stated otherwise—so include dual-will clauses to confirm that both remain valid. Seek legal advice to coordinate both wills properly.
2. Failing to Follow Thai Legal Formalities
Thai law is strict about how a will must be executed. Under CCC Section 1656:
- It must be in writing and dated
- Signed by the testator in front of two witnesses
- Both witnesses must be 20 or older, competent, and not beneficiaries or their spouses
- Witnesses must be present at the same time
Consequence:
Any failure in these formalities renders the will invalid, and your estate would be distributed according to intestacy rules—potentially excluding a long-term partner or stepchildren.
How to avoid it: Use a professional will-writing service. Our team ensures full compliance with Section 1656 and arranges for qualified witnesses. We can also register your will at the district office (amphur) to help prove its authenticity.
3. Not Updating the Will After Major Life Changes
It’s surprisingly common for expats to forget to update their will after getting married, divorced or having children. Outdated wills can create legal chaos.
Example: A British expat divorced his wife but never updated his will. When he died, the will still named her as the sole beneficiary, and his new partner was left with nothing. The case ended in a lengthy court battle.
Legal reference: Under CCC Section 1693, a will can be revoked explicitly or by creating a new one. If nothing is done, the old will still applies.
How to avoid it:
We recommend reviewing your will every three years, or immediately following any major life event. Consider including contingency clauses for unborn children or future changes (e.g. ‘all my children, including those born after this will is signed’).
4. Ignoring Property and Inheritance Restrictions for Foreigners
Thailand has strict rules for foreigners inheriting land and condos:
- Under Land Code Section 93, foreigners inheriting land must sell it within one year, or risk seizure by the state.
- Under the Condominium Act (Section 19), foreigners can only inherit condos within the 49% foreign ownership quota.
A foreign heir attempted to claim inherited land in Phuket but was blocked by ownership restrictions. The property had to be sold under court order, delaying inheritance by months and reducing its value.
How to avoid it:
- In your will, instruct that the land be sold immediately or transferred to a Thai spouse or eligible heir
- Consider leasing land long-term instead of owning it directly
- Review your ownership status in condos to ensure they fall under the allowed quota
- Use our legal team to help structure these choices
Learn more about how to manage foreign land inheritance in Thailand.
5. Not Appointing a Suitable Executor
Many wills name family members abroad who cannot easily manage Thai legal proceedings. This results in the court appointing an administrator—often adding 3 to 6 months to the process.
Consequence: Court-appointed executors may be unfamiliar with your wishes or the local legal system, increasing costs and causing unnecessary delays.
How to avoid it: Under CCC Section 1713, you can appoint an executor in your Thai will. Choose someone:
- Residing in Thailand
- Familiar with Thai legal processes
- Willing and able to act
We offer professional executor services and can step in to represent your estate, especially if your heirs live abroad.
Overseas families of faced with managing Thai probate and inheritance can find more guidance here.
How to Create a Valid Thai Will: Step-by-Step
- List Your Thai Assets
– Include land, condos, bank accounts, vehicles, investments, and digital assets (e.g., cryptocurrency). - Choose Your Beneficiaries
– Include their full legal names, relationships, and contact details. Consider adding alternates. - Appoint an Executor
– Preferably someone living in Thailand, with a clear alternate. - Draft the Will
– In Thai or bilingual format. Translation costs: approx. 5,000 THB if needed. - Ensure Proper Witnessing
– Two competent adults (not beneficiaries) must witness the signing simultaneously. - Optional: Register the Will
– Registering at the amphur adds security and proves authenticity. - Review and Update
– Every 3 years or after major life events.
Choose from three will writing services tailored to your needs – from straightforward wills to complex estate plans. Whatever your situation, we can guide you. Learn more here.
Frequently Asked Questions about Wills in Thailand
Q: Do I need to pay inheritance tax in Thailand?
A: Yes, but only if the estate is worth over 100 million THB. Tax is 5% for direct heirs (e.g., children) and 10% for others. Planning ahead can help minimise this—options include gifting or adjusting asset structures.
Q: Can I include digital assets in my Thai will?
A: Yes. We recommend listing access information and nominating a trusted heir for these assets.
Q: Does my Thai will affect my foreign will?
A: It can, unless written correctly. We help ensure your wills complement, not cancel, each other.
Free Thai Will Consultation
A valid Thai will is essential to protect your family and your legacy. In your free consultation, our succession planning team will help you understand your options and make informed decisions with confidence.
Succession Planning and Inheritance Guide for Expats
Ourpractical guide walks you through every step of making a valid Thai will and planning your estate across borders. From heirs and probate to tax, property and international assets—it’s everything you need to protect what matters.
