Drafting a last will and testament in Thailand is one of the most important steps for both Thai nationals and foreigners who hold assets in the country. Without a valid will, an estate falls under intestate succession rules of the Civil and Commercial Code (CCC), which may divide assets in ways that differ from a person’s wishes. This article explores the legal framework, forms of wills, probate procedures, inheritance rights, and common pitfalls in Thailand, with reference to real-world cases.

1. Legal Framework for Wills in Thailand

1.1 Governing Law

The primary legislation is the Civil and Commercial Code (Book V: Succession, Sections 1599–1755). It covers:

• Who can make a will.

• The formalities required for different types of wills.

• Succession rules where no valid will exists.

• Rights of statutory heirs and spouses.

1.2 Capacity to Make a Will

• A testator must be at least 15 years old (Section 1646).

• A person under 15 cannot make a valid will.

• Persons declared legally incapacitated cannot make a will.

2. Statutory Heirs under Thai Law

If a person dies intestate (without a will), the CCC provides a clear order of heirs (Sections 1629–1635):

1. Descendants (children, grandchildren).

2. Parents.

3. Brothers and sisters of full blood.

4. Brothers and sisters of half blood.

5. Grandparents.

6. Uncles and aunts.

The surviving spouse has special inheritance rights under Section 1635, often sharing with statutory heirs.

3. Types of Wills in Thailand

The CCC recognizes five forms of wills, each with different formalities (Sections 1655–1672).

3.1 Ordinary Written Will (Section 1656)

• Must be signed by the testator.

• Must be signed by at least two witnesses who saw the testator sign.

• Most common and flexible form.

3.2 Holographic Will (Section 1657)

• Entirely handwritten, dated, and signed by the testator.

• No witnesses required.

• Risk: if handwriting is disputed, verification may be difficult.

3.3 Public Will (Section 1658)

• Declared before a Khet (district) or Amphur (local) official.

• Entered into official records in presence of two witnesses.

• Provides strong evidence and is less prone to challenge.

3.4 Secret Will (Section 1660)

• Written and signed by the testator, placed in a sealed envelope.

• The sealed envelope is presented before a public officer and two witnesses.

• Rarely used, as secrecy can complicate execution.

3.5 Oral Will (Section 1663)

• Permitted only in exceptional circumstances (e.g., imminent death, emergencies, natural disasters).

• Must be declared before at least two witnesses.

• Courts scrutinize oral wills carefully, and they are rarely upheld.

4. Probate and Administration of Estates

4.1 Probate Process

• Wills are not self-executing; they must be validated by the Thai courts.

• The executor named in the will petitions the court to be appointed as estate administrator.

• Creditors and heirs are notified and may contest the will.

4.2 Role of the Court

• Confirms validity of the will.

• Appoints administrator (executor).

• Supervises distribution of estate assets.

4.3 Inheritance of Immovable Property by Foreigners

Foreign heirs may inherit land in Thailand but cannot always retain ownership. The Land Code requires foreigners to divest land within one year (unless exempted). Condominiums, however, may be inherited within the foreign ownership quota.

5. Practical Issues and Common Disputes

5.1 Ambiguous Wills

Vague wording (e.g., “I leave my property to my children” without names) can cause disputes, especially in blended families. Courts interpret wording under CCC rules, but litigation often follows.

5.2 Multiple Wills

Foreigners sometimes make separate wills for assets in different countries. If not carefully drafted, wills may unintentionally revoke each other. Thai courts look at intention, but clarity is key.

5.3 Challenges to Capacity

Disputes often arise over whether the testator had mental capacity at the time of making the will. Medical records and witness testimony become critical.

5.4 Executor Conflicts

Where executors are not specified, the court appoints one, often leading to rivalry among heirs.

5.5 Forced Heirship Issues

Unlike some civil law jurisdictions, Thailand does not impose strict “reserved portions” of estates. However, statutory heirs under intestacy rules may contest wills they believe were improperly executed.

6. Real-World Examples

Case 1: Foreign Resident with Multiple Wills

A European man living in Chiang Mai drafted a Thai will covering his condo but also had a separate will in his home country. Because the Thai will expressly limited itself to assets “in Thailand only,” the court upheld it without affecting foreign estate distribution.

Case 2: Disputed Holographic Will

A handwritten will left farmland to one child. Other siblings contested the handwriting’s authenticity. The court admitted forensic handwriting experts, who confirmed authenticity, and the will was enforced.

Case 3: Intestate Succession

A Thai woman died without a will, leaving land and a condominium. Her surviving spouse and two children inherited equally, per CCC Section 1635. Dispute arose when the spouse claimed a larger share, but the court upheld equal distribution among statutory heirs.

Case 4: Oral Will in Emergency

A fisherman, gravely injured in an accident, verbally declared before neighbors that his wife should inherit all his assets. The court accepted the oral will due to life-threatening circumstances, but only after rigorous examination of witness testimony.

7. Best Practices for Drafting a Will in Thailand

• Choose the right form: Written wills with witnesses are generally safest.

• Be precise: Clearly identify beneficiaries and assets.

• Name an executor: This simplifies probate and reduces disputes.

• Coordinate international wills: Ensure Thai wills do not conflict with wills abroad.

• Register when possible: Public wills filed with district officials provide the strongest legal certainty.

8. Key Takeaways

• The Civil and Commercial Code governs wills, succession, and probate in Thailand.

• Multiple will formats exist, but ordinary written wills are the most practical.

• Probate through Thai courts is necessary before assets can be distributed.

• Foreigners may inherit assets, but restrictions apply to land ownership.

• Clear drafting and careful planning prevent family disputes and lengthy litigation.

Conclusion

A last will and testament in Thailand is not merely a formality—it is a safeguard that ensures one’s assets are distributed as intended. The law provides structured formats for wills, but the key lies in careful drafting, legal compliance, and clarity. With property disputes, inheritance conflicts, and international elements often in play, a well-prepared will can prevent years of litigation and protect loved ones from uncertainty.