Drafting a Last Will in Thailand: Essential Guide for Estate Planning

Last updated on April 12, 2026

Key Takeaways about Last Wills in Thailand

• Age & Capacity Rules: Anyone aged 15 and older who is mentally capable can make a Thai will. Witnesses must be adults, competent, and cannot benefit from the will.
• Three main formats: Thai law recognizes wills before officials, witnessed written wills, and holographic (hand-written) wills. The witnessed written form (Section 1656) is the go-to for most expats.
• Formalities matter: A typical written will must include the date and state it is your “Last Will.” You must sign it in front of two witnesses who also sign right away. It is best if the will is in Thai, with an English version for clarity. Minor mistakes can void the document.
• What happens without a will: If you die without a will, Thai law decides who gets your property. The order is: descendants → parents → full-blood siblings → half-blood siblings → grandparents → uncles and aunts. The surviving spouse shares depending on who else is alive.
• Why create a draft of a Thai Last Will now: A clear and well-made Thai Will can save your family time, stress, and money. It speeds up the probate process, lets you choose your executor, and helps protect mixed-nationality families from complications. It also avoids the delays and costs of translating or legalizing a foreign Will in Thailand. At ThaiLawOnline, our Will services are affordable and designed with your peace of mind in mind. Take the step to protect the people you love.

The following article is co-written by Mr. Sebastien H. Brousseau (LL.B., B.Sc. Managing Thai Law firms since 2006) and Khun Wichuda Atthamethakon (LL.M., Thai lawyer and notary). ThaiLawOnline has been made hundreds of Last Wills. None has been invalidated by any courts.

Understanding Last Wills in Thailand

What is a Last Will in Thailand?

The Thai Last Will and Testament follows the Civil and Commercial Code of Thailand. This code explains how to create and execute wills in the country. A will is a legal document. In it, a person called the testator shares their wishes. This is about how to distribute their assets in Thailand after they die.

Unless rare exceptions, a valid will must be in writing and dated when it is made. The testator must sign it in front of at least two witnesses. These witnesses must also sign their names. This ensures that the will is executed according to the legal standards set by the Thai legal system.

Key Differences Between a Thai Last Will and Testament and Other Forms

Thai last wills differ from other forms of wills in several ways. In some jurisdictions, oral wills or holographic wills (handwritten by the testator but not witnessed) may be recognized. Thai Law specifies different forms of Wills and to be valid, they must follow the law. It underscores the importance of understanding the specific legal requirements for wills in Thailand.

Why is Drafting a Last Will and Testament is Important?

Drafting a last will in Thailand is crucial for several reasons. First, it gives clear information about how your assets in Thailand will be shared. This helps reduce possible disputes among heirs. If you do not have a valid Thai last will, inheritance law will decide how your estate is shared. This may not match what you want.

A well-written will can speed up the probate process. This helps settle your estate quickly and without delays. Hiring a good law firm can help you create a will that shows your wishes and meets Thai laws.

A Last Will and Testament in Thailand can do many things for you: ·

• Gives you peace of mind and protection
• Divides the Estate (specifically) or gives all your assets to someone (general)
• Appoints Administrator of your Estate (Executors)
• Makes gifts of money (pecuniary legacies) or items (chattels)
• Includes specific people (i.e. step-children)
• Excludes specific people (i.e. spouse/partner, family members)
• Protects loved ones inheritance
• Elects Guardians for underage Children (Section 1586 CCC)

Any person who is 15 years old or older can write a valid Last Will in Thailand. This is stated in clause 25 of the CCCT.

Legal requirements for a Last Will in Thailand

How to Draft a Thai Last Will and Testament: A Step-by-Step Guide

Crafting a valid last will in Thailand involves several key steps. Initially, it is important to take stock of all assets in Thailand and determine how you wish to distribute them. Next, decide who will be your heirs and what portions of your estate they will receive. When drafting the will, ensure that it is written in clear and precise terms to avoid ambiguity. The will must be signed by the testator in the presence of two witnesses, who will also sign their names.

Hiring a law firm like ThaiLawOnline can give you helpful advice. They can make sure your document meets all legal rules. Remember that we have experience and we only ask 3,900 baht, a fraction of other law firms. Many law firms in Thailand still ask 10,000 or 20,000 baht or more. We learned to use technology and stream our work. This helps us offer better prices without lowering quality. 

Key Requirements for a Valid Last Will in Thailand?

In Thailand, a valid will must be in writing. It should also be dated and signed by the testator. The signing must happen in front of witnesses. Most law firms will use the presence of two witnesses who also sign their names. 

Can Foreigners Draft a Will in Thailand?

Yes, foreigners can draft a will in Thailand to cover their assets located in the country. Foreigners should make a separate will for their Thai assets. This will be different from their will in their home country. Doing this can help avoid problems during probate. Hiring a law firm that knows international estate planning can help make sure the will meets Thai laws and the person’s wishes. Good lawyers can do more than write great documents; they can assist in drafting last will and testament to ensure your wishes are honored. They can help you save on taxes. They can also give advice about children and other important matters. This includes funerals and what a “Thailand Living Will” is. 

Common Mistakes to Avoid When Making a Last Will in Thailand

Many people make mistakes when writing a last will in Thailand. These mistakes can cause disputes or even make the will invalid. One common issue is not following Thai legal requirements. This includes not signing the will in front of two witnesses who are not beneficiaries.

Another mistake is using unclear wording, which can cause confusion and legal battles. Many people also forget to update their will after major life changes like marriage, divorce, or acquiring new assets. Some expats assume foreign inheritance laws apply, but Thai law governs assets in Thailand.

Another error is not appointing a reliable executor, which can lead to delays or complications. Lastly, skipping legal advice can result in a poorly drafted will that does not meet Thai legal standards. Avoiding these mistakes ensures your assets are properly managed and your wishes are followed.

Role of a Law Firm in Drafting a Last Will in Thailand

A law firm plays a pivotal role in drafting a Thai last will and testament. Legal experts in family law and estate planning can give you helpful advice. They can guide you on how to structure your will to meet your goals. They will make sure your will follows the Thai Civil and Commercial Code. It will clearly state your wishes about choosing heirs and sharing your assets. A law firm can help you update or revoke a will if your situation or plans change.

Different Types of Wills under Thai Law

There are several forms of Last will in Thailand and the choice is yours.

Ordinary Will (พินัยกรรมแบบธรรมดา)

This is the most common form. It requires the will to be in writing, dated, and signed by the testator. The testator must sign in front of at least two witnesses. These witnesses must also sign to confirm the testator’s signature (Civil and Commercial Code, Section 1656). Warning: Wills have specific rules that must be followed. If these rules are not respected, the document may be declared void.

Holographic Will (พินัยกรรมแบบเขียนเองทั้งฉบับ)

This form needs the whole document. It must include the date and signature. The testator must handwrite it (Civil and Commercial Code, Section 1657). It does not need witnesses. This is the weakest form of Last Will in Thailand and can be contested in Court more easily.

Public Document Will (พินัยกรรมแบบเอกสารมหาชน)

This will is made at a local public office. The testator shares their wishes in Thai with a public officer. The officer then writes it down. The official must read it back to the testator and witnesses, who then sign (Civil and Commercial Code, Section 1658). These three types of Wills (Holographic, ordinary and public documents) likely come from the old Civil Law. This law distinguishes between an authentic act, a semi-authentic act, and a non-authentic act. Therefore, it would be considered as the most difficult Will to contest. As of 2026, a new regulation standardizes will procedures at district offices (amphur) for consistency across Thailand. This may shorten processing times for public wills.

Oral Will (พินัยกรรมแบบด้วยวาจา)

Allowed only in rare cases, such as when death is near and other options are not possible. See Civil and Commercial Code, Sections 1655-1672, on these exceptional cases.

Some prenuptial or marriage agreement may also include a clause in case of death. Wills can always be changed, at all times, which means that if such is your desire, you may draft up a new one.

When you name heirs in your Thai will, it is important to clearly identify each beneficiary. You should also specify what part of the estate they will receive. You can distribute your assets as you wish, as long as you follow the laws about heir rights. It is a good idea to explain any conditions related to the inheritance. Also, mention alternate beneficiaries if the main heir passes away before you. Consulting with a law firm can provide clarity on how best to appoint heirs and structure your will to reflect your intentions.

Inheritance and assets distribution under Thai Law

Who Can Be an Heir Under Thai Inheritance Laws

In Thailand, a person can inherit in two ways after someone dies. They can be named in a Last Will, called a ‘legatee.’ Or, they can inherit automatically under Thai law. The second type is called a statutory heir, and we’ll explain that more below.

Understanding the Six Classes of Statutory Heirs

No matter how much property you own, you want it to go to the right people after you die. In Thailand as in most countries, “When a person dies, their Estate devolves on the heirs.” In Thailand, if someone dies without a Will, the state decides who gets the deceased’s estate. (Statutory heirs) (Section 1603 CCC).

In Thailand, there are six classes of statutory heirs. Each class has the right to inherit in a specific order. This is outlined in section 1629 of the Civil and Commercial Code (CCC)

1. Descendants
2. Parents
3. Brothers and Sisters of full blood
4. Brothers and Sisters of half blood
5. Grandfathers and Grandmothers
6. Uncles and Aunts

The surviving spouse is also a statutory heir (Section 1635 CCC). It must be a legal and registered marriage. These classes include descendants, parents, full-blood siblings, half-blood siblings, grandparents, and uncles and aunts, as well as the legal spouse.

A Last Will in Thailand lets you choose your heirs (“legatees”) and clearly outlines your last wishes. It avoids family disputes.. If you do not make a Will, the law in Thailand will instead determine who inherits your property. A proper drafted Last Will is a guarantee that your wishes will be respected. It will also make settling your succession that much easier.

What Happens to Your Assets in Thailand After Death?

In some countries, it is possible to have a “Pay on death clause”. It means that you notify your bank that in case of death, you want a person to get automatically the balance of your account. Do note that this is not possible in Thailand. Thai banks want you to get a court decision. This is needed to appoint an executor if there is more than 100,000 baht in a bank account.

The probate process in Thailand is about legally confirming a deceased person’s will. It also involves managing their estate. It is actually “not” a real probate but more a process to appoint an executor by the Court.  The court appoints an executor, known as the “administrator of estate” in Civil Law. This person manages the estate, pays off debts, and gives the remaining assets to the rightful heirs. The probate process can be long and complicated. However, having a valid last will in Thailand can make it much easier. It is approximately 3 months in Court but it can be longer if some people contest the process. 

If a person dies in Thailand without a will, their assets are shared based on Thai inheritance law. This means that legal heirs will automatically inherit the estate as per the effect according to the law. They will do so in the order set by the Civil and Commercial Code. While this provides a clear framework for asset distribution, it may not align with the deceased’s personal wishes. Therefore, drafting a will is crucial to ensure that your estate is managed and distributed as you desire.

Executors play a vital role in Thai estate planning by overseeing the administration of the deceased’s estate. An executor is chosen in a will. They must follow the testator’s wishes. Their job includes paying debts and giving assets to the heirs. It is important to choose a reliable and trustworthy person or group for this role. They must handle the legal requirements and manage the estate well. A law firm can help you choose a good executor. They can also support you during the probate process. We made a text about “What happens when a foreigner dies in Thailand” that explains a little more.

How can foreigners inherit land in Thailand

Under Thai law, foreigners can inherit land, but owning it is a different matter. If a foreigner is named as an heir. either in a Last Will or under the law, they can legally inherit land according to the Land Code (See section 93 and following). However, the Land Department will not allow them to register ownership of most types of land. In practice, this means the foreigner may inherit the right to sell the land, but not to keep it in their name. They usually have to sell the land within a reasonable time. They cannot put it in their own name. Other assets, like houses or condos, can be inherited more easily, depending on the situation.

Managing your Thai Will

How to Update or Revoke a Thai Last Will?

To update or revoke a last will in Thailand, you must create a new will that explicitly states the revocation of all previous wills.  Alternatively, a formal revocation document can be created and similarly witnessed. It is wise to talk to a law firm. This will help make sure that any updates or changes are legal. They will also ensure that these changes match your current wishes.

For expatriates and foreigners residing in Thailand, additional considerations may arise due to the interplay of international laws and local regulations. Getting help from legal professionals can help make sure your final wishes are respected. This brings peace of mind to you and your loved ones.

Section 1667 says that if a Thai person makes a Will in another country, they can follow either local law or Thai law

A legal foreign will could be acceptable in Thai Courts. A Thai Will can help, but it is not necessary. Your foreign Will can still be valid if it follows Thai law.

If you own assets in another country, your Will for those assets must usually follow the laws of your home country. Domicile and Residence can have different meanings according to some jurisdictions. It is possible to be resident in one country and domiciled in another. If you were born in a foreign country, to change your domicile to Thai obviously involves you moving to Thailand.

If you are updating your Wills, be careful not to accidentally cancel one you want to keep. Send an electronic copy of your Last Will to the person who has your foreign Will. Ask them to confirm if your old Will in your original country is still valid, if that is what you want.

If you make a Last Will in Thailand, it should be in Thai language but it is not a requirement. A good law firm should provide you with a bilingual Will. This way, you can understand the content without needing a future translation. A translation Thai to English will cost you between around 500 baht per page. Some other languages could be more expensive (Scandinavian, Japanese, etc.). In Thailand, to notarize a Last Will is not a requirement. A public notary does not add extra security to a Thai Last Will and Testament. This is different from places like France or Quebec. We do offer notarial services and we could ask extra money for that. But it is not necessary.

Foreigners can’t normally own land in Thailand. If a foreigner inherits land as a statutory heir, the ministry will allow the alien to inherit the land. Foreigners have not less than 180 days or no more than one year to transfer the land to a Thai national. (See clauses 93 to 96 of the Land Code).

You may appoint a person or the administrator of your Estate to arrange your funerals. Every client is different: cremation? Buried?However, most do not to mention anything. (so the executor will decide)

Bear in mind is that your foreign Estate may be liable to Inheritance Tax in your country.  Inheritance Tax do exists in Thailand since 1st February 2016. It applies only for estate that are more than 100 million baht according to section 12 of the Inheritance Tax Act.

It is common in western countries to have a clause avoiding the transfer to an heir unless this person survives you by 30 days. That is made to avoids double inheritance tax. We explain Thai inheritance tax in this article.

Many rules in Thailand are not exactly the same as in your country. This is why you must be careful if you don’t want your will to be void.

• Do you know a witness to a Will can’t be a beneficiary? (Clause 1653 CCC)
• Do you know that the name of the writer of a Will (if it is not the testator) must sign his name and add the statement that he is the writer? (Clause 1671 CCC)
• Did you know you can appoint a “controller of property”? This is useful if you want to give property to a minor. You can do this if you don’t want the parents, guardians, or custodians to manage it (Sections 1686 and following CCC)
• Etc.

A good lawyer (and we will) can explain all of this to you and advise you what you can do or not. It is not inexpensive to make a Last Will. It will protect you and give you peace of mind. We know that some law firms in Bangkok, like Siam-Legal, charge more than 20,000 or even 30,000 baht for this service. We will do the same for much cheaper and they are very professional documents. We keep upgrading their qualify and follow the new developments under Thai and international law.

Additional Provisions to Consider in a Last Will in Thailand. Do note that society and law evolve and using old templates might not serve you well. For a very low price, you can have a Last Will in Thailand adapted to your situation. It can include:

1. Digital Assets. In the modern age, it’s increasingly important to include clauses related to digital assets. Also social media accounts, digital currencies, and online accounts.
2. Healthcare Directive. This is what we called a Living Will in Thailand. This is not typically included in a Last will in Thailand. Indicating a separate healthcare directive or living will document could be helpful information for the executor and family members.
3. Guardianship: If there are minor children or dependents involved, specifying guardianship preferences is crucial.
4. Pet Care: For many, pets are considered part of the family. Specifying arrangements for the care of pets can be an important addition.
5. Memorial Instructions: These wishes are not legally binding. However, they can help guide family members during a tough time.
6. Severability Clause: This clause means that if one part of the will is invalid, the rest still works.

Secure Will Storage Services in Thailand

There is no official government database or national registry for Wills in Thailand. There is the amphur, but it is not set up for foreigners. This means if your original Will is lost, damaged, or not found after you die, it may never be enforced. At ThaiLawOnline, we provide a safe and affordable service. You can store your Will securely for an unlimited time. The cost is only 1,000 baht. Storing your Will with us is better than keeping it at home, with a friend, or with a lawyer. A lawyer may retire or pass away. We provide long-term protection and confidentiality for your important documents.

We are a well-known law firm and a Thai company. We are not just one person. Your Will is safe with us, no matter how staff or management changes over the years. If you are an expat in Thailand or have assets here, our storage service offers you and your loved ones peace of mind. You can rest easy knowing that when the time comes, your Will can be retrieved and respected, just as you intended.

Comprehensive estate planning solution in Thailand

Last Will & Living Will in Thailand (complete package)

If you already plan to prepare a Last Will, consider adding a Living Will Thailand at the same time. A Living Will (advance medical directive) states your wishes for medical care if you lose capacity. Your Last Will tells how to distribute your estate. Together, they create a stronger estate-planning strategy. This strategy protects your assets and healthcare choices in every province of Thailand.

Why combine them?

• One signing session, two critical documents. Save time and reduce paperwork while ensuring every scenario is covered.
• Lower cost. Add a Living Will for only 1,500 baht extra when ordered with your Last Will, a discount from our standalone rate.
• No uncertainty for your family. Loved ones know exactly how to manage your treatment and your property, which minimises conflict and delays in probate.
• Better tax and probate planning. When doctors honour your Living Will, medical costs do not drain the estate, leaving more for your heirs.
• One point of advice, us, speaking Thai and English, explaining you everything from A to Z for low fees.

What is included?

Service Item	Details
Last Will (English-Thai)	Personalised clauses, heirs list, guardianship provisions, signing checklist
Living Will in Thailand (English-Thai)	Advance refusal of burdensome treatment, comfort-care instructions, witness language compliant with the 2010 Regulation
Practical Guide for signature	Step-by-step instructions on signing, storing, and notifying hospitals and family
Legal Support	Email support for minor adjustments
Total Combo Price Last Will + Living Will	Last Will standard fee (3,900) + 1,500 baht (Living Will) for a discount at 5,000 baht.

Ready to secure everything in one go?

Click here to contact us or call us at 087-225-1340. Let ThaiLawOnline create a seamless estate-planning package that respects your healthcare wishes and protects your loved ones.

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Other links

• Last Will in Thailand by the Amphur at the Bureau of Regional Administration (Thai language)
• Instructions for signatures of Last Will by ThaiLawOnline (.pdf – 2026)
• Inheritance for Foreigners in Thailand : Full Guide by ThaiLawOnline
• Updated Regulation for Public Wills from 2026