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.
The 5 recognized will types (CCC Book VI)
- 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.
