Are you a foreigner and would like to know how to make a will in Thailand? Then you've come to the right place to learn everything about wills in Thailand.

What is meant by estate planning in Thailand?

Estate planning is widespread in Thailand. In this process, a lawyer and client jointly determine how the client's assets should be divided and the estate distributed after their death. The lawyer drafts the will, ensuring compliance with all relevant Thai laws and taking into account the client's wishes and objectives.

What happens to the assets of a person who dies in Thailand without leaving a will?

A will governs the distribution of a deceased person's assets among their chosen heirs. However, in Thailand, it is common for people to die without a will. In this case, the entire estate is divided among the legal heirs according to Thai inheritance law. Under Thai law, there are six classes of heirs who inherit the deceased's assets in the order described below:

  • Thoroughbred siblings
  • Half-siblings

    • How is real estate transferred upon death according to Thai inheritance law?

    Under Thai inheritance law, a certificate of inheritance issued by the Thai probate court is required to transfer assets upon death. Assets can be transferred either by will or according to intestate succession. In both cases, the transfer only takes place after approval and issuance of a corresponding court order.

    What is meant by "estate settlement"?

    Probate refers to the administration of a deceased person's assets after their death. If the deceased left a will, it is carried out as part of the probate process. If there is no will, the probate process manages the entire estate. It is important to note that the "estate" encompasses all assets a person possessed at the time of their death.

    Why is estate administration so important?

    Estate administration is important because it helps protect the deceased's assets by ensuring they are distributed to the legal heirs according to their will. To receive your legal share of the inheritance, you must provide the probate court with the appropriate evidence.

    Are foreign wills legally valid in Thailand?

    Foreigners are not required to make another will in Thailand, as foreign wills are legally valid in Thailand under certain conditions.

    Under what circumstances is a foreigner in Thailand not required to write a separate will?

    Foreigners in Thailand are not required to make a separate will if they are residents of Thailand, own property, or are married to a Thai national.

    Which categories of wills are valid?

    Under Thai inheritance law, there are three types of valid wills:

  • Wills made before public officials
  • Wills that are validly witnessed

    • What type of will is most common among foreigners in Thailand?

    In Thailand, there are various types of wills, described in paragraphs 1655 to 1672 of the Thai Civil and Commercial Code. However, the most common form of will made by foreigners in Thailand is governed by paragraph 1656 of the Thai Civil and Commercial Code. According to this paragraph, a will must be in writing and signed by the testator and two witnesses present at the signing.

    How do you make a will in Thailand?

    A will must contain certain information. Don't forget to include your personal details, those of your heirs, and those of the executors. List all your assets and specify how you wish to distribute them. It is advisable to consult a lawyer when drafting your will. You can also look at sample wills available online to ensure you use the correct form.

    Who can draw up a valid will in Thailand?

    According to paragraph 25 of the Thai Civil and Commercial Code, any person who has reached the age of fifteen can make a will in Thailand.

    Which form of will is the simplest of all?

    A handwritten will is the simplest of the three will forms in Thailand, as it is free of charge. Unlike the other will forms, it can be handwritten and does not need to be typed. Furthermore, no witness signatures are required.

    Can a foreigner be the legal heir of his wife in Thailand?

    According to paragraph 1629 of the Thai Civil and Commercial Code, any foreigner married to a Thai national can be the legal heir of his spouse, provided he applies for permission to acquire property in accordance with paragraph 93 of the Land Code.

    Support from a Thai lawyer

    Siam Legal is a law firm in Thailand offering various services to protect the rights and interests of foreigners in Thailand. If you have any questions or issues related to wills in Thailand that need clarification, our team of Thai inheritance and real estate lawyers invites you to contact us via the link below: