Estate administration and planning generally involve an attorney and client working together to structure assets and plan for their distribution in the event of death. This typically involves drafting a Will that reflects the client’s wishes and complies with all relevant laws.

Types of Thai Will under Thai Law

Thai law recognises five valid forms of Will under the Civil and Commercial Code. Each form has specific requirements that must be strictly followed. A Will that does not comply with the required legal form is void and unenforceable.

1. Holographic Will (Section 1657) A Will written entirely by hand by the testator, including the date and signature. No witnesses are required. While this is the simplest form, the entire document must be handwritten, typed or printed text is not permitted.

2. Written Will (Section 1656) A written (typed or printed text) Will signed by the testator in the presence of at least two witnesses simultaneously. The testator and witnesses must all sign and date the document. This form does not require registration or notarization to be legally binding and is the most commonly used form in practice. 

3. Public Will (Section 1658) The testator declares their wishes before a district officer (Amphur) in the presence of two witnesses. The officer records the declaration in Thai, reads it aloud to all parties, and all parties sign the document.

4. Secret Will (Section 1660) The testator seals the document, signs the envelope, and submits it to a district officer in the presence of two witnesses. The officer records the submission on the envelope and seals it accordingly.

5. Oral Will (Section 1663) Permitted only in emergency circumstances, such as imminent danger of death, where the testator is unable to make a Will in any other form. The testator must declare their wishes before at least two witnesses.

Who Can Witness a Will in Thailand?

Thai law does not restrict witnesses by nationality. Both Thai nationals and foreign nationals may serve as witnesses to a Will. However, not everyone is legally eligible to do so.

The following persons are disqualified from acting as witnesses under Thai law:

• Any person named as a beneficiary in the Will, or their spouse
• A person whom the court has declared to be quasi-incompetent
• A person of unsound mind or lacking legal capacity
• A minor who has not yet reached the age of majority

Choosing the wrong witness can affect the validity of your Will. It is therefore important to ensure that witnesses meet all legal requirements at the time of signing.

Do You Need a Will in Thailand?

Generally speaking, foreigners who already have a valid Will in their home country may not require a separate Will in Thailand. However, there are circumstances in which a foreign Will may not be sufficient, including:

• The surviving spouse is a Thai national
• There are specific real estate assets or property interests situated in Thailand
• Clarity is needed on the distribution of assets under Thai law

In such cases, it is strongly advisable to consult a Thai attorney to draft a Will that fully complies with Thai legal requirements. A limited jurisdiction clause can also be included to separate Thai assets from a foreign Will and avoid potential disputes.