Reviewed by Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556, for ThaiLawOnline, a Thai law firm acting for foreigners since 2006.
Last updated on
We review your existing Thai will against your life today and Thai law today, tell you in writing whether it still does what you want, and keep the signed original safe. A will made years ago may no longer match your property or your family.
- Who it is for: anyone with a Thai will whose assets, marriage, children or address have changed, or whose will is more than a few years old.
- Will review fee: 2,900 THB fixed, with written advice within five working days.
- Safekeeping: 1,000 THB, paid once, with no annual charge. Order safekeeping.
- Send us a copy of your will and a short note of what has changed.
- Order the review for 2,900 THB.
- We review the will and report in writing: keep it, amend it, or replace it.
- If you sign a new will, we can keep the original in safekeeping.
Table of Contents
Why review a will
Rights under a will take effect only at the testator’s death (Civil and Commercial Code section 1673). Everything in between can change: what you own, who your family is, and the law. A will that no longer fits your life still takes effect as written, and the parts that no longer work pass to your statutory heirs under the rules of intestacy.
Whatever your will says, your heirs will go to court: an estate administrator may be appointed by the will or by the court (section 1711), and in practice the heirs apply to the court for the appointment, with or without a will. A clear, current will makes that process easier, faster and simpler. Read more on probate and estate administration in Thailand.
Life events that call for a review
| Change | Why it matters |
|---|---|
| New property, or property sold | A gift of property you no longer own is revoked if you transferred it intentionally (section 1696). Property bought later and not covered by the will passes to the statutory heirs (section 1620). |
| Marriage | The revocation rules in sections 1693 to 1699 do not list marriage, so a will made before the marriage stays in force until you change it. Your spouse may receive nothing under it. |
| Divorce | The same rules do not list divorce. A gift to a former spouse stays in the will until you revoke it. |
| A new child or grandchild | A child born after the will takes only what the will gives, plus any property the will does not dispose of. |
| A beneficiary or executor has died | A gift lapses if the beneficiary dies before you (section 1698), and that property goes to the statutory heirs. |
| New law | The Ministerial Regulation on Wills B.E. 2569 changed where some wills can be made. A review confirms your will still meets the current rules. |
What the Supreme Court has decided
Gaps in a will are not filled by guessing what the testator wanted. In Supreme Court decision 6013/2534 a beneficiary died before the testator; the gift lapsed and that property passed to the statutory heirs. In Supreme Court decision 9599/2553 a clause lost its purpose before the death, and the property passed to the statutory heirs, letting in a child the testator had meant to leave out. In Supreme Court decision 4397/2553 void gifts did not swell the shares of the other beneficiaries but fell into intestacy. A review catches these problems while you can still fix them.
How to change a will under Thai law
You may revoke your will, in whole or in part, at any time (section 1693). A later will revokes an earlier one only if it is made in one of the forms the law prescribes (section 1694), and where the two conflict, the earlier will is revoked only to the extent of the conflict unless the later will says otherwise (section 1697). A clean replacement will that expressly revokes all earlier wills avoids that question.
Do not change a signed will by hand. An alteration to an ordinary written will is valid only if made in the same form as the will itself, with two witnesses (section 1656). In Supreme Court decision 17338/2555 an unwitnessed change was simply ignored. A witness, or the spouse of a witness, cannot benefit under the will (section 1653), so choose new witnesses with care.
Safekeeping of the original
If a will exists in one original and it is intentionally destroyed, the will is revoked (section 1695). A lost original creates doubt and delay for your heirs. We keep signed originals at the firm for a one-time fee of 1,000 THB, with no annual charge, and release them to you on request or, after your death, to your executor on proof of death. Order will safekeeping.
What to send us
- A copy of your current will, and of any foreign will
- A list of your assets in Thailand today
- What has changed in your family since the will was signed
- What you want to change
If you do not have a Thai will yet, see making a will in Thailand and what a will costs.
Get a fixed-fee quote
Ask for a fixed-fee quote
Tell us what you need. A licensed Thai lawyer reads it and replies with a fixed fee, not an hourly estimate.
Related: Making a will in Thailand, Thai will and foreign will, Probate in Thailand.
Frequently asked questions
When should I update my will in Thailand?
After any change in your property or family: buying or selling property, marriage, divorce, a new child, or the death of a beneficiary or executor. A review every few years is sensible even without a change.
Does marriage cancel a will in Thailand?
No. The revocation rules in sections 1693 to 1699 of the Civil and Commercial Code do not list marriage, so the will stays in force until you change it.
Can I just cross out a line in my will?
No. An alteration must be made in the same form as the will, with two witnesses, under section 1656. The Supreme Court ignored an unwitnessed change in decision 17338/2555.
Does a will avoid court in Thailand?
No. With or without a will, the heirs go to court to have an estate administrator appointed. A clear, current will makes the process easier, faster and simpler.
What happens to property my will does not mention?
It passes to the statutory heirs under section 1620.
How much does safekeeping cost?
1,000 THB, paid once. There is no annual charge.
How much does a will review cost?
2,900 THB fixed, with written advice within five working days. Safekeeping of the original is a separate 1,000 THB, paid once.
Thai Law Updates, free by email
Plain-English updates on Thai law changes that affect foreigners: property, visas, marriage, business and wills. One short email a month from a firm practicing since 2006. No spam, unsubscribe anytime.
