Wills & Inheritance in Thailand

A valid Thai will must be: written (handwritten or typed), dated, signed by the testator in front of at least two witnesses, and the witnesses must sign in the testator's presence. A Thai will covers assets located in Thailand. You can (and should) have separate wills for each country where you hold assets. A Thai will doesn't need to be notarized, but notarization adds credibility. It should be in Thai (or bilingual Thai-English). Keep the original in a safe place and give copies to your executor and lawyer.

Thailand recognizes several will formats: (1) Standard will — typed, signed by testator and 2 witnesses. Most common for expats. (2) Handwritten (holographic) will — entirely handwritten, dated, and signed by the testator. No witnesses required but less reliable in probate. (3) Public will — made before an Amphur (district) officer with 2 witnesses. Most legally robust. (4) Secret will — sealed document presented to an Amphur officer. Rarely used. For expats, a standard typed will prepared by a Thai lawyer is the best option.

Foreign nationals cannot inherit land in Thailand directly. If a foreigner inherits land, they must sell it within one year or transfer ownership to a Thai national. Condominiums in the foreign quota can be inherited by foreigners — this is the main exception. Company-held property (through a Thai company) transfers through share ownership, which foreigners can inherit. Leasehold interests (up to 30 years) can be inherited for the remaining term. Plan your property structure with inheritance in mind.

Without a will, Thai succession law distributes assets to statutory heirs in this order: (1) descendants, (2) parents, (3) siblings (full blood), (4) siblings (half blood), (5) grandparents, (6) uncles and aunts. A surviving spouse receives half of marital property plus an equal share with Class 1 heirs. If there are no heirs, assets go to the Thai government. Thai law may not distribute your assets as you wish — this is why a will is essential. A will overrides the statutory order.

Probate takes 3–12 months depending on complexity. Steps: (1) File the will at the Civil Court with jurisdiction over the deceased's last residence. (2) Court appoints an executor (named in the will or court-appointed). (3) Executor collects assets, pays debts, and distributes according to the will. (4) Court issues a probate order confirming the executor's authority. Banks and land offices require the probate order before releasing assets. Contested wills can take 1–2+ years.

Drafting a Thai will: 10,000–20,000 THB through a Thai lawyer. Simple will for a single person with few assets: 10,000–15,000 THB. Complex will (multiple properties, company structures, children from different marriages): 20,000–50,000 THB. Probate legal fees: 30,000–100,000+ THB depending on estate complexity. Court fees are minimal (a few thousand THB). Translation and notarization of foreign documents: 5,000–15,000 THB. Annual will review: 3,000–5,000 THB.

Thailand introduced inheritance tax in 2016. Tax rate: 5% for ascendants/descendants, 10% for other heirs. However, there's a 100 million THB exemption — only the amount exceeding 100 million THB is taxed. For most expats, inheritance tax won't apply as their Thai estates are below this threshold. The tax applies to both Thai and foreign heirs of Thai-located assets. Gifts made within the family also have tax implications above certain thresholds.

If you have assets in multiple countries, you need a coordinated estate plan. Have separate wills for each country — a Thai will for Thai assets and a home-country will for assets there. Ensure the wills don't accidentally revoke each other (common drafting error). Consider the interaction of inheritance laws between countries. Some countries have forced heirship rules that may conflict with Thai law. An international estate planning lawyer is worth the investment for complex estates.

Not having a Thai will at all (assets go through statutory succession). Having one global will that inadvertently revokes the Thai will. Not updating the will after marriage, divorce, or new children. Not planning for condo foreign quota issues. Leaving land directly to a foreigner (they can't keep it). Not discussing the will with family members. Keeping the will in a place nobody can find. Not appointing a backup executor. Assuming home-country estate planning covers Thai assets.

Review your Thai will every 2–3 years and update after: marriage or divorce, birth of children or grandchildren, purchase or sale of property, change of beneficiaries, change of executor (if they die or become incapacitated), significant change in asset value, change in Thai inheritance law. A will review costs 3,000–5,000 THB — much cheaper than the problems caused by an outdated will. Keep a record of all will versions and destroy superseded copies to avoid confusion.

The executor manages your Thai estate after death. Choose someone trustworthy, capable, and ideally residing in Thailand. They'll deal with courts, banks, land offices, and beneficiaries. A Thai lawyer or law firm can serve as executor (professional executor fees: 2–5% of estate value). A trusted friend or family member can also serve (no legal requirement to be Thai or a lawyer). Name a backup executor in case the primary is unable to serve. Discuss the role with your chosen executor beforehand.

Use a lawyer experienced in Thai estate planning for foreigners. Law firms in Pattaya and Bangkok handle expat wills regularly. Look for firms with English-speaking Thai lawyers or international lawyers licensed in Thailand. Get referrals from expat communities, your embassy, or organizations like the Pattaya City Expats Club. Initial consultations are often free. Expect 10,000–20,000 THB for a standard will. Verify the lawyer is registered with the Thai Lawyers Council.