The FAQs on Thai wills provide clear and concise answers to frequently asked questions about creating, executing, and the legal consequences of wills in Thailand. They also address questions about inheritance tax, guardianship of minors, and updating or revoking a will. This gives both residents and non-residents the necessary knowledge to protect their assets and ensure their wishes are fulfilled.

What happens if the deceased dies without leaving a Thai will?

The statutory rules of inheritance apply. This means that Book VI of the Thai Civil and Commercial Code must be consulted, as it governs the law applicable to the deceased's estate.

According to paragraph 1620, if a person dies without having made a Thai will, or if an existing will is invalid, the entire estate is distributed among the legal heirs according to the statutory provisions. However, if a person has made a will that only addresses or concerns a portion of their estate, the portion not addressed by the will or not covered by the will is distributed among the legal heirs according to the statutory provisions.

There are six classes of legal heirs. Each class is entitled to inherit in the following order:

  • Full siblings
  • Half-siblings

    • The surviving spouse is also a legal heir.

    I intend to leave my entire estate to one or more beneficiaries. What happens if I forget to list part of my estate in my Thai will?

    Unless your Thai will contains a provision stipulating that other assets not expressly listed in the Thai will should be bequeathed to the beneficiary, these assets will be inherited by your legal heirs (namely your spouse, your children, your parents, etc.) according to the rules of intestate succession.

    If I own a property jointly with my spouse, for example a condominium, and he/she dies, do I automatically inherit the entire property?

    Only if your spouse has written a Thai will explicitly stipulating that you are to inherit the entire estate. Since the concept of joint ownership is not recognized in Thai law, if your spouse dies without a will, the marital property is divided equally upon dissolution of the marriage (in this case, through death). As the spouse, you receive an equal share. The other half is inherited by the legal heirs. Since you are also a legal heir, you will receive a portion of this other half (depending on the number and type of legal heirs). The remaining share is divided among the other legal heirs.

    If the deceased adopted a child and later dies without leaving a Thai will, does the adopted child inherit the estate?

    Yes, according to paragraph 1627, an adopted child is considered a descendant of the same class as any non-adopted child. An adopted child is not treated differently under Thai law.

    I am the legal heir to a property in Thailand. What can I do to inherit the property?

    You must be appointed by the court as executor of the estate. To do this, first ensure that you are entitled to inherit. If you are not the sole heir, for example, because you have siblings, you and your siblings must agree on who will administer the estate. Once you have appointed an executor, you must gather all relevant documents (e.g., death certificate, birth certificate, land registry extract, declaration of consent from the heirs, etc.) and submit an application to the court for your appointment as executor. After your appointment, you will receive a court order. You can present this order to the authorities to initiate the transfer of ownership to your name and the distribution of the assets among the heirs.

    Do I have to go to court to inherit a property?

    It depends on the value and nature of the estate. For example, if the deceased left a small sum of money in a bank account, some banks allow the release of this amount without a court order to appoint an executor (banks and financial institutions have their own regulations regarding the amounts that can be released). This means that you may only need to provide the bank with the death certificate and your ID card proving your relationship to the deceased. Other assets that do not require registration, such as computers, jewelry, or collectibles, can also be inherited without a court order.

    If I live outside of Thailand and wish to receive an inheritance located in Thailand, do I need to be physically present in Thailand to appoint an executor?

    To inherit certain assets such as real estate, cars, or weapons, you must be appointed as the executor of the estate. To do this, you must file an application for appointment as executor with the court. Normally, your personal attendance at the hearing is required so that the court can determine your suitability as executor. However, due to the COVID-19 pandemic, some courts now also offer online hearings.

    Since I live outside of Thailand, can I appoint a person living in Thailand to manage the deceased's estate?

    This is possible; however, you must ensure that the proposed person is reliable and trustworthy, as estate administration requires a high degree of integrity and honesty. Please note that the court has broad discretion in appointing the person it considers best to administer the estate, taking into account the wishes of the deceased.

    What documents do I need to submit with an application to be appointed as executor of an estate?

    The following documents are usually submitted with the application:

  • Death certificate of the deceased
  • Proof of residence of the deceased
  • Marriage certificate (if the applicant is the spouse)
  • List of relatives (a family tree)
  • Declaration of consent from the heirs (if there is more than one legal heir)
  • Asset registration (e.g. title deed(s) or vehicle registration documents)

    • How long does the process of appointing an executor take?

    The court typically takes about three months to process an application, with the issuance of the final ruling taking a further 30 days. This document is then presented to all relevant institutions managing the deceased's assets to confirm that the matter is final and no further appeal is possible. However, if the application for the appointment of an executor is contested, the process can take up to a year or longer.

    Can I establish a trust under Thai inheritance law?

    This is not possible, as Thai law contains no provisions to support or regulate trusts. It also presents a common problem when attempting to enforce the provisions of a Thai will drafted under foreign law. Thailand formerly permitted trusts; however, following the 1923 reforms, their creation is no longer provided for under Thai law. Paragraph 1686 of the Civil and Commercial Code states: “Trusts created directly or indirectly by will or by any legal act taking effect during the lifetime or after death are invalid.”

    I own assets in both my home country and Thailand. What should I do?

    You should draw up separate wills for your assets in both locations. For assets in your home country, you should consult a lawyer licensed there to ensure your will is legally valid. For assets in Thailand, it is advisable to consult a Thai lawyer to ensure your assets in Thailand are distributed according to your wishes.

    Lawyer specializing in inheritance law in Thailand

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

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