Foreigner making a will in Thailand
A Thai will governs assets located in Thailand. Foreigners should not assume a home-country will automatically controls condo freehold, leasehold interests, or bank accounts held here. Probate and Land Department transfer follow Thai succession law.
At Thai Visa Centre in Bangkok, we help expats coordinate lawyer referrals for estate planning alongside property ownership. This guide covers Thai wills for June 2026. Start with our condominium rights guide and property hub.
Governs Thailand-sited assets including condo units and leasehold.
May not automatically control Thai assets without probate recognition.
Thai Civil and Commercial Code reserves shares for certain heirs.
Land Department transfers title after probate court order.
Thai will vs foreign will
Many expats hold both home-country and Thailand assets. Estate planning should address each jurisdiction. Thai assets benefit from a will drafted under Thai Civil and Commercial Code requirements.
| Document | Coverage |
|---|---|
| Thai will | Condominium units, leasehold, Thai bank accounts, and personal property in Thailand |
| Foreign will | Assets in home country. Thai recognition requires probate proceedings here. |
| Dual wills | Common approach. Each will should state it covers specific jurisdiction only. |
| No will | Intestate succession under Thai law. Statutory heirs receive defined shares. |
Probate and title transfer
After death, heirs petition Thai courts for probate before Department of Lands registers condominium transfer to beneficiaries. Foreign heirs must still satisfy foreign quota and FET rules.
| Stage | Action required |
|---|---|
| Death registration | Official death certificate from Thai or foreign authorities as applicable |
| Probate petition | Court confirms will validity or intestate succession order |
| Foreign quota check | Foreign beneficiary must qualify under 49% quota to register condo title |
| Land Office transfer | New title deed issued to heir per court order and quota certificate |
Will preparation workflow
Prepare your Thai will when you acquire property, not after health crisis. Formalities matter: invalid wills trigger intestate succession.
Inventory Thailand assets
List condominium units, leasehold contracts, bank accounts, vehicles, and personal property held in Thailand.
Engage Thai property lawyer
Counsel drafts will compliant with Civil and Commercial Code formalities including witnesses.
Coordinate with home-country counsel
Ensure dual wills do not revoke each other. Each should scope to its jurisdiction.
Register or store will safely
Thai wills may be registered with local authority. Lawyer retains copies with clear retrieval instructions.
Inform executor and heirs
Provide contact details for lawyer and location of title deeds, lease documents, and bank records.
Review periodically
Update after property purchase, divorce, marriage, or birth of children affecting statutory heir shares.
Inheritance tax and statutory heirs
Revenue Department inheritance tax may apply to certain beneficiaries above threshold amounts. Thai law also reserves mandatory shares for spouse, children, and parents in defined circumstances.
- Inheritance tax: consult Revenue Department rules and accountant on thresholds
- Statutory reserved shares: cannot fully disinherit protected heirs under Thai law
- Foreign heir quota: beneficiary must qualify as foreign condo owner if inheriting unit
- Leasehold inheritance: registered lease may pass per will subject to lease terms
- Joint ownership: surviving joint owner rules differ from sole owner succession
- Prenuptial agreements: affect marital property share in succession proceedings
Condo inheritance planning
Foreign heirs inheriting condominium units need available foreign quota and may need FET documentation. Plan with our condo ownership guide and property lawyer early.
Common mistakes foreigners make
Estate planning gaps create years of probate delay and forced sale when heirs cannot register inherited condominium title.
- Relying solely on foreign will without Thai probate proceedings for condo transfer.
- Naming heir who cannot qualify under foreign quota as condominium beneficiary.
- Drafting informal letter instead of will meeting Civil and Commercial Code witness rules.
- Ignoring statutory reserved heir shares when allocating entire estate to one beneficiary.
- Failing to update will after divorce or property purchase changing asset list.
Frequently asked questions
General answers on Thai wills for foreigners. Consult licensed Thai lawyer for estate planning specific to your assets.
Q:Do I need a separate Thai will?
A:Yes for assets in Thailand. A home-country will may not govern your condo or leasehold rights at Thai probate. Coordinate both documents with lawyer to avoid conflicting revocation clauses.
Q:Will my foreign will work in Thailand?
A:Foreign wills may be recognised through diplomatic and court channels but probate is slower and costlier than Thai will for immovable property. Thai will with proper witnesses is standard for condo owners.
Q:Can I leave my condo to anyone?
A:Yes with valid Thai will naming beneficiary and unit details. Statutory heir rules apply only if you die intestate. Lawyer lists project name, unit number, and title deed reference.
Q:How many witnesses does a Thai will need?
A:Thai Civil and Commercial Code requires competent witnesses present at signing. Generic online templates often fail this requirement. Lawyer prepares will and witnesses at signing appointment.
Q:What happens if I die without a will?
A:Thai statutory heirs inherit under Civil and Commercial Code order. Foreign spouse and children may wait months for probate. Will speeds transfer of condo to intended beneficiary.
Q:Is inheritance tax payable?
A:Inheritance tax applies above statutory thresholds on certain assets. Lawyer and accountant advise on reporting for condo and bank accounts in Thailand.
Q:Can my Thai spouse inherit land?
A:Thai spouse can inherit land under Thai law subject to probate. Foreign spouse inheritance of land has restrictions. Will and probate counsel essential for mixed-nationality estates.
Q:Where is will probate handled?
A:District court and Land Office processes govern immovable property probate. Original Thai will required. Lawyer coordinates executor appointment and beneficiary registration.