Types of Thai Will and Succession

Succession and inheritance are deeply important issues in Thailand, where property, family wealth, and generational continuity play central roles in society. Whether for Thai citizens or foreign nationals who own assets in Thailand, the question of how those assets will be managed and distributed after death is governed by Thai succession law. At the heart of this process is the last will and testament, which provides clarity, reduces family disputes, and ensures that a person’s wishes are respected.

Understanding the types of wills recognized in Thailand and the rules of succession is essential for effective estate planning. This article explores the legal framework, forms of wills, intestate succession (when no will exists), and practical considerations for both Thais and foreigners.

The Legal Framework of Succession in Thailand

Will and Succession in Thailand is primarily governed by the Civil and Commercial Code (CCC), Book V, Sections 1599–1755. The law distinguishes between two main forms of succession:

Testamentary Succession – when a person dies leaving a valid will.
Statutory Succession (Intestate Succession) – when a person dies without a will, and assets are distributed according to law.

The law also provides rules for heirs, order of succession, and administration of estates.

Types of Thai Wills

The Civil and Commercial Code recognizes five types of wills in Thailand, each with its own formalities:

1. Ordinary Written Will (Holographic or Attested)

This is the most common form of will in Thailand. It must meet specific legal requirements:

The will must be in writing.
The testator (the person making the will) must sign the document.
Two witnesses, both over 20 years old and of sound mind, must sign at the same time, confirming that the testator signed the will.

This type of will is widely used because it is straightforward and recognized by Thai courts.

2. Holographic Will (Entirely Handwritten)

A holographic will must be completely handwritten, dated, and signed by the testator. No witnesses are required.

Advantage: Greater privacy, since no one else needs to be present.
Disadvantage: If the handwriting is illegible or the will is not dated, it may be invalid.

Foreign nationals often prefer attested wills over holographic wills, since handwriting disputes may complicate probate.

3. Public Will (Made before a Public Officer)

A public will is executed before a district officer or amphur (khet in Bangkok):

The testator declares their wishes orally.
The officer records the will in writing.
Two witnesses and the officer must sign the document.

This is the most secure form of will, as it is kept in government custody and less likely to be lost or challenged.

4. Secret Will

This form is less common but still recognized under Thai law.

The testator signs a sealed document.
The sealed document is presented to a public officer in the presence of at least two witnesses.
The officer certifies receipt of the sealed document.

The content remains secret until after death. However, it carries some risks, such as the will being incomplete or invalid when later opened.

5. Oral Will (Exceptional Circumstances Only)

An oral will is valid only in emergency situations where the testator faces imminent danger of death and cannot prepare a written will.

At least two witnesses must hear the declaration.
The will must later be reported to the court for probate.

This form is rarely used and often subject to challenge. Courts require strong evidence of necessity.

Intestate Succession in Thailand

If a person dies without leaving a valid will, succession follows the rules of intestate succession under the Civil and Commercial Code.

Classes of Statutory Heirs

Heirs are ranked in the following order of priority:

Descendants (children, grandchildren)
Parents
Brothers and sisters of full blood
Brothers and sisters of half blood
Grandparents
Uncles and aunts

If there are no heirs in any of the above classes, the estate passes to the State.

Surviving Spouse Rights

The surviving spouse always inherits alongside statutory heirs. Their share depends on which class of heirs exists. For example:

If the deceased has children, the spouse shares equally with them.
If there are parents but no children, the spouse shares equally with the parents.
If there are no heirs in the first five classes, the spouse inherits the entire estate.

Probate and Administration of Estates

When a person dies, their estate must be formally administered through the Thai court system. The steps include:

Filing a Petition for Probate – An interested party (e.g., heir or executor named in the will) files a petition in the local provincial court.
Court Hearing – The court examines the will, witnesses, and supporting documents.
Appointment of Executor – The court appoints an executor (if named in the will) or administrator to manage and distribute the estate.
Distribution of Assets – Once debts and taxes are settled, the assets are distributed to heirs according to the will or intestacy law.

Probate is necessary even if there is a valid will, especially when immovable property (e.g., land, condos) is involved.

Wills and Succession for Foreigners in Thailand

Foreigners who own assets in Thailand (such as condominiums, leasehold rights, bank accounts, or vehicles) should take special care with succession planning. Key points include:

Separate Wills: Many foreigners prepare a separate Thai will covering assets in Thailand, in addition to a will in their home country. This avoids conflicts of jurisdiction and simplifies probate.
Language: A Thai will should be prepared in Thai language (or bilingual format). Courts may reject foreign-language wills unless properly translated.
Executor Eligibility: The executor can be a foreigner or Thai national, but must be recognized by the Thai court.
Cross-border Recognition: A foreign will may be recognized in Thailand if legalized and translated, but the process is often more complex and time-consuming.

Importance of Making a Will in Thailand

Creating a valid will in Thailand provides numerous benefits:

Clarity: Prevents disputes among heirs and ensures the testator’s wishes are honored.
Efficiency: Simplifies probate and speeds up estate distribution.
Control: Allows the testator to decide who inherits, instead of relying on intestate law.
Protection: Secures assets for spouses, children, or specific beneficiaries.
Avoiding Litigation: Reduces the risk of costly court battles among family members.

Practical Steps in Drafting a Thai Will

Identify all assets located in Thailand (real estate, bank accounts, vehicles, investments, etc.).
Decide on beneficiaries and how assets should be distributed.
Choose an executor who is reliable and capable of handling Thai legal procedures.
Select the most appropriate form of will (ordinary, holographic, or public).
Ensure the will complies with Thai Civil and Commercial Code requirements.
Keep the will in a safe place—if a public will, deposit with the amphur for safekeeping.

Conclusion

Succession law in Thailand provides a clear legal framework to ensure that property and assets are distributed fairly after death. While the Civil and Commercial Code recognizes five types of wills—ordinary written, holographic, public, secret, and oral—each has different advantages, risks, and formalities.

For those who die without a will, Thai intestate succession law determines the heirs and their shares, with priority given to children, parents, and surviving spouses. However, intestacy often leads to complications and disputes.

For both Thai nationals and foreigners with assets in Thailand, preparing a valid will is one of the most important steps in estate planning. By doing so, individuals can protect their families, prevent legal disputes, and ensure that their legacy is passed on according to their true wishes.