Last Will and Testament in Thailand

Last Will and Testament in Thailand. Estate planning in Thailand is anchored in the Civil and Commercial Code (CCC), which governs succession, wills, and inheritance. For both Thai nationals and foreigners who hold property or have family ties in Thailand, preparing a valid last will and testament is essential to ensure that assets are distributed according to their wishes. Without a valid will, Thai law provides a strict order of intestate succession that may not reflect personal intentions.

This article examines the legal framework, the different types of wills recognized in Thailand, formal requirements, practical drafting considerations, and examples from real cases to illustrate how the law is applied in practice.

1. Legal Framework

1.1 Governing Law

The law of succession in Thailand is set out in Book V of the Civil and Commercial Code (Sections 1599–1755).
A will is defined as a unilateral declaration of intention concerning the distribution of property after death.
The CCC prescribes the formalities for making a will, the capacity of the testator, and the rights of heirs and legatees.

1.2 Testamentary Freedom vs. Forced Heirship

Unlike some civil law jurisdictions, Thailand does not have forced heirship rules. The testator generally has the freedom to dispose of assets as desired, subject to legal formality. However, if the will is invalid, the intestate rules will apply, granting statutory heirs shares in strict order (descendants, parents, full-blood siblings, half-blood siblings, grandparents, uncles/aunts, and finally the surviving spouse).

2. Capacity to Make a Will

Age Requirement: A person must be at least 15 years old to make a valid will (Section 1703 CCC).
Mental Capacity: The testator must be of sound mind. Wills made under coercion, mistake, or incapacity are voidable.
Foreigners: Foreigners can make wills in Thailand regarding assets located in Thailand (e.g., land, condominium, bank accounts).

3. Forms of Wills Recognized in Thailand

The CCC recognizes several forms of wills. Each carries specific formal requirements:

3.1 Will Made in Writing and Signed Before Two Witnesses (Section 1656)

Must be in writing, signed by the testator, and witnessed by at least two witnesses who also sign.
This is the most common form of will in Thailand.

3.2 Holographic Will (Section 1657)

Entirely handwritten, dated, and signed by the testator.
Does not require witnesses.
Useful for private and confidential wills but risky if handwriting is contested.

3.3 Public Document Will (Section 1658)

Declared before a Khet (district) office official and two witnesses.
The official records the declaration.
This provides strong evidentiary value and reduces risk of forgery.

3.4 Secret Document Will (Section 1660)

Written, signed, sealed, and delivered to a Khet office official in the presence of witnesses.
Rarely used today.

3.5 Oral Will (Section 1663)

Permitted only in emergencies (e.g., imminent death, disaster).
Must be made before at least two witnesses who later testify.
Courts apply this very restrictively.

4. Key Clauses in a Thai Will

A well-drafted will in Thailand usually contains:

Appointment of Executor: A person to administer the estate, with powers to manage and distribute assets.
Identification of Beneficiaries: Specific legacies, residuary estate, and substitution provisions if heirs predecease the testator.
Guardianship Provisions: For minor children, guardians may be appointed.
Funeral Arrangements: Optional but commonly included in Thai wills.
Revocation Clause: To invalidate prior wills.

5. Registration and Storage

Registration of a will is not mandatory, but wills can be deposited at the local Khet office (especially for public wills).
Safe custody is crucial. Many disputes arise from lost or destroyed wills. Banks, law firms, or trusted individuals often act as custodians.

6. Execution and Witness Requirements

Witnesses must be at least 20 years old, of sound mind, and not beneficiaries under the will.
Spouses of beneficiaries are also disqualified as witnesses.
Failure to comply with witness rules can invalidate the will.

7. Revocation and Amendment of Wills

A will can be revoked by destruction, later will, or express declaration.
Amendments are made via codicil, which must follow the same formalities as a will.
If multiple wills exist, the most recent valid one prevails.

8. Probate and Enforcement

8.1 Probate Process

Upon death, the executor or interested party must apply to the Thai Court of First Instance for appointment as estate administrator.
The court will examine the validity of the will and issue an order granting probate.

8.2 Court Oversight

Executors are subject to court supervision and must provide inventories and reports.
Creditors of the estate can submit claims during the probate process.

9. Real-World Case Examples

Case 1 — Invalid Holographic Will
A foreign retiree in Chiang Mai left a handwritten note leaving his condominium to a Thai friend. The court invalidated it because the note lacked a date, a mandatory requirement under Section 1657. Result: property passed under intestacy to estranged relatives.

Case 2 — Executor Appointment Dispute
A wealthy Thai businessman appointed his second wife as executor. His children from the first marriage contested her appointment, alleging conflict of interest. The court allowed her to serve but imposed oversight, illustrating the court’s discretion in balancing family tensions.

Case 3 — Oral Will in Emergency
A man dying in a car accident declared in front of friends that his assets should go to his younger brother. The court refused to recognize the oral will, holding that the conditions of imminent death were not sufficiently proven. Assets passed via intestacy to parents and siblings equally.

10. Cross-Border Considerations

Foreign Wills: A foreigner may rely on a foreign will covering worldwide assets, but Thai probate courts require official translation and legalization. If the foreign will does not conform to Thai formalities, complications may arise.
Dual Wills: Many expatriates prepare two wills — one in their home country and one in Thailand — carefully drafted to avoid conflict.
Conflict of Laws: Thai courts apply the lex situs (law of the place where property is located). Thus, Thai property will be governed by Thai succession law regardless of nationality.

11. Practical Guidance

Use a recognized form: Written will with two witnesses is safest.
Avoid ambiguous language: Courts interpret strictly; vague terms cause disputes.
Consider cultural context: Thai families often expect equal division; radical deviations may fuel litigation.
Executor choice: Select someone trustworthy, ideally with legal knowledge or access to professional assistance.
Update regularly: Life events (marriage, divorce, new property) require updating.

12. Key Legal References

Civil and Commercial Code Sections 1599–1755 (succession law).
Sections 1655–1672 (forms of wills).
Sections 1703–1709 (capacity to make wills).

Conclusion

A last will and testament in Thailand is a vital instrument for controlling how assets are distributed and avoiding disputes among heirs. The law offers multiple formats — from handwritten wills to public declarations — but each comes with formal requirements that must be strictly observed. Courts play a central role in supervising probate, ensuring fairness, and safeguarding creditor rights.

For foreigners and Thais alike, the key lesson is that while Thai law respects testamentary freedom, failure to follow formalities can result in unintended intestacy. A carefully drafted will, compliant with Thai law, is the surest way to ensure that final wishes are honored.