Last will and testament under Thai law
Thai succession law applies to assets in the Kingdom. A properly drafted will reduces probate delays for heirs and clarifies who receives your condominium, leasehold interests, and bank accounts.
Foreigners should not assume a home-country will controls Thai property. See our probate guide, foreigner will guide, and full property hub for related planning.
Thai succession law applies to assets located in the Kingdom regardless of nationality.
A foreign will alone may not control Thai condo or leasehold interests effectively.
Spouse, children, parents, and further classes under Civil and Commercial Code.
Foreign heirs need authenticated documents and often embassy coordination.
Succession scenarios compared
Whether you leave a valid will changes how quickly heirs can access Thai assets. Probate applies to condominium titles registered at the Department of Lands.
| Scenario | Outcome |
|---|---|
| With valid Thai will | Court probate distributes per will; can override default intestate shares if valid |
| Without will (intestate) | Statutory heirs receive fixed shares under Civil and Commercial Code |
| Condominium unit | Passes through probate; foreign heir must qualify for foreign quota or sell |
| Registered lease | Assignment and inheritance clauses determine whether heirs step in |
| Bank accounts | Frozen pending probate order; separate from Land Office title transfer |
Practical steps for expats
Start estate planning when you buy property, not after a health crisis. A lawyer registered with the Lawyers Council of Thailand should draft your Thai will.
Inventory Thai assets
List condo titles, registered leases, bank accounts, vehicles, and personal property located in Thailand.
Instruct Thai property lawyer
Draft will compliant with Thai formal requirements. Do not copy a home-country template without local review.
Name executors and beneficiaries
Appoint executor with authority in Thailand. Specify shares for spouse, children, and other heirs clearly.
Register or store safely
Follow lawyer guidance on safekeeping and optional registration procedures available under Thai law.
Coordinate with home-country estate plan
Ensure Thai will and foreign will do not conflict on Thai-sited assets.
Review after major life events
Update after marriage, divorce, birth, or new property purchase in Thailand.
Asset inventory checklist
Your will should reference each asset clearly. Vague descriptions delay probate and create disputes among statutory heirs.
- Condominium unit title deed and juristic foreign register entry
- Registered lease assignment and inheritance clauses
- Thai bank account numbers and branch contacts
- Beneficiary passport copies and contact details abroad
- Executor appointment with Thai contact address
Foreign beneficiaries
Foreign heirs need authenticated documents, certified translations, and often embassy coordination. Timelines run months to years. Plan early with our probate and inheritance guide.
Probate and transfer costs
Budget for legal, court, and Land Office fees when heirs inherit property. Tax obligations may apply on large estates per Revenue Department guidance.
| Cost type | Detail |
|---|---|
| Will drafting | Lawyer fees vary by complexity and number of assets covered |
| Court probate fees | Court fees and lawyer costs apply when estate goes through probate |
| Translation and authentication | Foreign heirs need certified translations and embassy legalisation |
| Land Office transfer | Separate fees when heir registers inherited condo title |
| Inheritance tax | Consult Revenue Department on applicable duties for large estates |
Read our buying property overview for ownership structures your will must address.
Common estate planning mistakes
These errors leave families in prolonged probate. A Thai will drafted alongside property purchase prevents most disputes.
- Assuming a home-country will automatically controls Thai assets
- Naming heirs who cannot hold foreign quota condo without selling
- No executor with practical authority to act in Thailand
- Ignoring registered lease inheritance clauses on villa schemes
- Delaying will update after purchasing new Thai property
Frequently asked questions
General answers on Thai wills and succession. This is orientation, not legal advice for your specific estate.
Q:Does Thai law apply to my condo?
A:Yes. Assets located in Thailand are governed by Thai succession law regardless of your nationality or domicile.
Q:Can a foreign will cover my Thai condo?
A:A home-country will may not be recognised efficiently. A Thai will drafted for Kingdom assets is strongly recommended.
Q:Who are statutory heirs in Thailand?
A:Six classes including spouse, children, parents, siblings, and further relatives under the Civil and Commercial Code.
Q:How long does probate take?
A:Months to years depending on court backlog, will validity, and whether foreign heirs need document authentication.
Q:Can my foreign child inherit my condo?
A:They can inherit but must qualify for foreign quota or sell within applicable time limits. Plan with a lawyer early.
Q:Do I need separate wills for each country?
A:Many expats use a Thai will for Kingdom assets and a home-country will for assets abroad. Coordinate to avoid conflicts.
Q:What happens if I die without a will?
A:Intestate succession applies. Statutory heirs receive fixed shares. Probate still required for Thai assets.
Q:Should I register my will in Thailand?
A:Registration options exist under Thai law. Your lawyer advises whether registration suits your estate plan.