A last will is a person’s final legally valid written instructions for how their assets (and funeral or body arrangements, if stated) are handled after death, and it may appoint one or more executors to carry out those instructions.
Will in Thailand (Thai Civil & Commercial Code): Recognized Forms, Formalities & Probate
Thai & International Legal Support for Practical Use in Thailand
Why a Thailand Will matters (for Thais & foreigners)
If you own a condo, bank accounts, shares, vehicles, or other assets in Thailand, a valid will helps your family and executor navigate Thai court probate and transfer assets smoothly. Thai law recognizes only specific will forms—using the correct formality is essential.
Ordinary written will (Section 1656) – written, dated, signed by the testator in front of at least two witnesses present at the same time who also sign.
Holographic will (Section 1657) – entirely handwritten by the testator, with date and signature (no witnesses required for validity).
Public will / district officer will (Section 1658) – declared to the district officer (Amphoe) with at least two witnesses; recorded and signed in the official process.
Secret will (Section 1660) – a signed document sealed and declared to the district officer in front of at least two witnesses; officer notes the declaration on the cover.
Oral will in exceptional circumstances (Section 1663) – only when prevented from other forms (e.g., imminent danger of death, epidemic, war); witnesses must promptly report to the district officer for recording.
Key formalities (practical checklist)
Use a recognized form only (courts can reject “creative” formats that don’t match the Code).
Witness rules matter: witnesses should be competent and independent (do not use beneficiaries or their spouses as witnesses).
Edits/alterations must follow the required formality for that will type, otherwise the change may be invalid.
Fingerprint instead of signature may be accepted where the Code allows, if properly certified by witnesses (see Section 1665).
Focus: Section 1656 (the downloadable template form)
Section 1656 is the most commonly used form for everyday estate planning in Thailand because it is straightforward: write the will, date it, sign it in front of two witnesses (together), and have the witnesses sign immediately. This is the form your downloadable template is designed to follow.
Foreign wills & Thai probate
A foreign will can still be used for Thai assets, but it typically must be proven through a Thai court probate process. In practice, heirs often need Thai translations and proper authentication/legalization of foreign documents before Thai authorities will transfer assets.
If there is no will (intestacy)
Without a valid will, Thai intestacy rules apply and the estate is distributed to statutory heirs in priority classes (with the surviving spouse inheriting under special rules). If you want a specific distribution, a will is the tool.
Reserved share / forced heirship?
Thailand is generally considered to allow strong testamentary freedom: you can disinherit statutory heirs by an express declaration (or by distributing the whole estate to others). However, you still cannot give away property that is not solely yours (for example, issues around marital property can affect what is actually available to distribute).
Disclaimer: This is general information, not legal advice. Complex cross-border estates, mixed-language wills, and marital property issues should be reviewed by a qualified Thai lawyer.
FAQ: Do I need a lawyer or notary to make a will in Thailand?
No. Under the Thai Civil and Commercial Code, a will made under Section 1656 (ordinary written will) does not require a lawyer or a notary to be legally valid.
The testator may prepare the will personally, provided it is in writing, dated, and signed in the presence of at least two witnesses who are present at the same time and also sign.
A lawyer or notary is therefore optional, not mandatory. Professional assistance may be useful for complex estates, foreign assets, or family situations, but it is not a legal requirement for validity.
FAQ: Does a foreign owner of a Thai condominium need a separate Thai Will?
Generally, no. Thai law does not require a foreign owner of a condominium in Thailand to prepare a separate Thai Will merely because the condominium is located in Thailand.
Under Section 37 of the Thai Conflict of Laws Act, succession to immovable property situated in Thailand is governed by Thai law. However, this does not make a foreign Will invalid.
Under Sections 40 and 41 of the Conflict of Laws Act, a Will validly made under the applicable foreign law may also be recognised as formally valid in Thailand. This principle has been confirmed by the Thai Supreme Court, including Supreme Court Judgment No. 6524/2561.
In practice, a foreign probate order or grant of representation may be submitted in Thai court proceedings after the required legalisation and translation. Alternatively, the foreign Will itself may be submitted to a Thai court so that a Thai probate order can be obtained.
A separate Thai Will may simplify the probate procedure and reduce translation or administrative work, but there is generally no need to duplicate an existing foreign Will solely because the estate includes a condominium in Thailand.
Important: A foreign beneficiary must still independently qualify to own the condominium under Section 19 of the Condominium Act. A Will determines who inherits the property, but it cannot override the statutory restrictions on foreign condominium ownership.
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By ThaiContracts Legal Team — Thai & International Legal Professionals | จัดทำโดยทีมกฎหมาย ThaiContracts — ผู้เชี่ยวชาญ ด้านกฎหมายไทยและกฎหมายระหว่างประเทศ
If these issues are relevant to your situation, our bilingual Thai–English last will and testament package is designed for expats with assets or family connections in Thailand and addresses key Thai succession law requirements in practice.
