Section 1646 — Right to make a will
Statutory text (Thai original)
บุคคลใดจะแสดงเจตนาโดยพินัยกรรม กำหนดการเผื่อตายในเรื่องทรัพย์สินของตนเอง หรือในการต่าง ๆ อันจะให้เกิดเป็นผลบังคับได้ตามกฎหมายเมื่อตนตายก็ได้
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Any person may, in contemplation of death, make a declaration of intention by will concerning dispositions as to his property or other matters which schall take effect according to the law after his death.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1646 sets capacity to make a will: 20+ years old and mentally competent. Minors aged 15+ can make a will but it's limited (§1703). The will must follow one of the formal types in §§1656-1672 — failure to use one of the prescribed forms makes the will void. Critically for foreigners: a will validly made in any of the prescribed Thai forms IS recognized for Thai-situs assets regardless of nationality; a foreign-form will may or may not be recognized.
Why this matters in practice
For lawyers: a will takes effect only on death and may be revoked or altered at any time while the testator lives. The act of making a will cannot be performed by an agent or attorney-in-fact — the testator must personally sign. For clients: making a will is the only way to ensure your property goes to specific people or causes of your choice. Without a will, Thai law decides. Key will forms under the CCC: holographic (§1657), witnessed document (§1656), official document (§1658), secret document (§1660), and oral will in emergency (§1663).
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. Section 1646 is the gateway provision for testamentary succession, confirming that testamentary freedom is a personal right. A testator must be at least 15 years of age (§1648) and of sound mind at the time of making the will (§1654 paragraph one).
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3921/2546 (2003) ★ Landmark
A will can dispose only of the testator's own property; a clause purporting to dispose of another person's share in co-owned property is void under §1646.
The court confirmed that making a will is a declaration of intention dispositive of the testator's own property, operative only on the testator's death, and is an exclusively personal right under §1646. A testamentary clause that purported to dispose of co-owned property beyond the testator's own share was held void as exceeding the testator's authority.
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Supreme Court Judgment No. 10243/2554 (2011)
A document that transfers property with immediate effect is an inter vivos gift, not a will; §1646 requires the disposition to be conditional on and take effect only at the testator's death.
The testator made two documents: the first transferred property with immediate effect from the date of signing (an inter vivos gift, not a will); the second was expressed to take effect on the testator's death. The court held only the second document met the requirements of §1646 — a disposition intended to take effect on death — and treated it as the will.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How do I make a valid will in Thailand?
Thai law recognises five will forms. The most common for foreigners are: (1) Witnessed document will (§1656): written in any language, signed by the testator and dated, witnessed by at least two persons present simultaneously who also sign. (2) Holographic will (§1657): the entire text must be handwritten, dated, and signed by the testator — no witnesses needed but no typed or printed text permitted. A will must be made by the testator personally; it cannot be delegated. The testator must be at least 15 years old (§1648) and of sound mind at the time of signing (§1654). A will with a formal defect (e.g., missing date or insufficient witnesses) is void under §1705.