Thai Will and Succession

Planning for the future is a vital part of protecting one’s assets and ensuring that property is distributed according to one’s wishes after death. In Thailand, the laws governing wills and succession are set out in the Civil and Commercial Code (CCC), Book V (Sections 1599–1755). These laws apply to both Thai nationals and foreigners who own property within the country. Understanding how wills and succession operate in Thailand is essential to avoid disputes among heirs and to ensure a smooth transfer of assets.

1. Legal Framework for Wills and Succession in Thailand

Thailand follows a civil law system, and its succession laws are codified and comprehensive. The governing provisions are found in the Thai Civil and Commercial Code (CCC), which outlines how an estate is managed, the rights of heirs, and the formalities required for a valid will.

Succession in Thailand may occur in two main ways:

1. Testate succession – when the deceased leaves a valid will.

2. Intestate succession – when no will is left, and property is distributed according to Thai law.

The executor or administrator of the estate (called the “estate administrator” or “executor of will”) is responsible for managing and distributing the assets to rightful heirs, ensuring debts are paid, and the estate is settled properly.

2. Who Can Make a Will in Thailand

Under Thai law, any person aged 15 years or older who is of sound mind may make a will. A person under 15 cannot create a valid will, and a will made under duress, fraud, or mistake is invalid.

Foreigners who own property in Thailand may also make a Thai will, especially if they have assets such as:

• Land leasehold interests,

• Condominium units (foreign ownership is allowed up to 49% of a condo building),

• Bank accounts,

• Vehicles, or

• Other personal property located in Thailand.

Having a separate Thai will for assets located in Thailand is often recommended to simplify the local probate process.

3. Types of Wills Recognized in Thailand

The Thai Civil and Commercial Code recognizes five types of wills, each with specific formal requirements. A will that does not comply with these formalities may be declared void.

a. Ordinary Written Will (Section 1656)

This is the most common form of will. It must:

• Be made in writing,

• Be signed by the testator (person making the will), and

• Be signed by at least two witnesses who are present at the same time.

Witnesses must be of sound mind, not minors, and must not benefit from the will. This type of will can be written in Thai or another language (with translation for court use if necessary).

b. Holographic Will (Section 1657)

A holographic will must be entirely handwritten, dated, and signed by the testator. It does not require witnesses. However, since authenticity can be harder to prove, it is less commonly used.

c. Public Document Will (Section 1658)

This will is made before a Kamalakan (district officer). The testator declares their wishes, and the officer records them in writing in the presence of two witnesses. The testator and witnesses then sign the document. This method offers strong legal validity because it is made before an official.

d. Secret Document Will (Section 1659)

A secret will involves the testator signing a sealed document before witnesses and a public officer. The officer records that the testator has declared the document as their will. This form is rarely used due to its complexity.

e. Oral Will (Section 1660)

Oral wills are only valid in exceptional circumstances, such as when the testator is in imminent danger of death and unable to make a written will. The oral declaration must be made before at least two witnesses, who must promptly report the event to authorities.

4. Intestate Succession (No Will)

If a person dies without leaving a valid will, their estate is distributed according to Thai intestacy law (Sections 1629–1635 of the CCC).

Under this system, heirs are divided into six classes, and each class excludes the next. The classes are as follows:

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 rights and may inherit in conjunction with other heirs, depending on which class of heirs exists.

For example:

• If there are children, the spouse shares equally with them.

• If there are no children but living parents, the spouse shares equally with the parents.

• If there are no heirs in any class, the entire estate passes to the spouse.

• If there are no heirs or spouse, the property escheats to the State.

5. Rights of the Surviving Spouse

The surviving spouse in Thailand enjoys both marital and inheritance rights. Property acquired during the marriage is divided into two categories:

• Sin Suan Tua (Personal Property): Property owned before marriage or received as a gift/inheritance remains with the original owner.

• Sin Somros (Marital Property): Property acquired during the marriage is considered jointly owned and must be divided equally before the estate is distributed.

After this division, the surviving spouse inherits from the deceased’s share of sin somros together with other statutory heirs, according to the class hierarchy.

6. Executor and Administration of the Estate

A will often names an executor (administrator) to handle the distribution of the estate. The executor’s duties include:

• Collecting and managing assets,

• Paying outstanding debts and taxes,

• Distributing assets to heirs, and

• Closing the estate properly.

If no executor is named or if there is no will, the heirs may apply to the Thai Probate Court to appoint an administrator. The court grants a “Probate Order” allowing that person to act officially on behalf of the estate.

7. Succession of Property by Foreigners

Foreigners can inherit property in Thailand, but certain restrictions apply:

• Land ownership: Foreigners generally cannot own land in Thailand. However, they can inherit land only if they obtain approval from the Minister of Interior and must dispose of it within one year if approval is not granted.

• Condominiums: Foreigners can inherit a condominium unit provided that the total foreign ownership in the building does not exceed 49%.

• Personal property, money, and vehicles: Foreigners can freely inherit these assets.

To avoid complications, foreign nationals who own property in Thailand are advised to prepare a Thai will consistent with local legal requirements.

8. Revocation and Amendment of a Will

A will in Thailand can be revoked or amended at any time by the testator while still alive and competent. Revocation can occur through:

• Creating a new will that expressly revokes the old one,

• Destroying the original document,

• Making an inconsistent will that replaces earlier provisions.

Once the testator dies, the last valid will is the one enforced.

9. Probate Process in Thailand

When a person dies, the executor or an heir must apply to the Thai court for a probate order to formally recognize and execute the will. The process involves:

1. Submitting the will, death certificate, and supporting documents,

2. Court review and verification of authenticity,

3. Appointment of an executor or administrator, and

4. Distribution of assets to heirs.

The probate process typically takes six months to one year, depending on the complexity of the estate.

10. Importance of Making a Thai Will

Having a valid Thai will offers several key benefits:

• Clarity: It clearly states the testator’s wishes and avoids disputes among heirs.

• Efficiency: It speeds up the probate process and reduces administrative complications.

• Protection: It ensures that property is distributed lawfully and beneficiaries are protected.

• Convenience for foreigners: It simplifies inheritance proceedings under Thai law, especially when combined with wills from other jurisdictions.

Without a Thai will, the estate is subject to intestate succession laws, which may not reflect the deceased’s true intentions.

Conclusion

Thai succession law provides a structured and reliable framework for the distribution of a person’s estate after death. Whether through testate or intestate succession, Thai law ensures that heirs and beneficiaries receive their lawful shares. However, because of specific legal formalities and property restrictions for foreigners, it is strongly advisable to prepare a valid Thai will that complies with local requirements.

By doing so, individuals can secure their legacy, minimize family disputes, and ensure a smooth and lawful transfer of assets. Consulting a qualified Thai lawyer experienced in wills and succession law is the best way to ensure that your estate plan aligns with Thai law and accurately reflects your final wishes.