Planning for the future is an essential step in ensuring that one’s assets, property, and final wishes are properly honored. In Thailand, the legal framework governing wills and succession provides individuals with the ability to decide how their estates will be distributed upon death. Without a valid will, inheritance is governed by the default provisions of the Thai Civil and Commercial Code (CCC), which may not reflect the deceased’s personal intentions. For both Thai nationals and foreigners who own property in Thailand, understanding the importance of making a Thai will and how succession laws operate is crucial to protecting assets, minimizing disputes, and ensuring a smooth transfer of ownership to rightful heirs.
Legal Framework for Wills and Succession in Thailand
The rules governing wills and inheritance in Thailand are primarily set out in Book V of the Civil and Commercial Code (Sections 1599–1755). These provisions outline the legal principles of succession, the rights of heirs, and the procedures for distributing an estate after death. The law applies to all property located in Thailand, regardless of the deceased’s nationality.
Under Thai law, succession refers to the transfer of the deceased’s rights, obligations, and property to their heirs. This can occur in one of two ways:
- Testate succession – when the deceased leaves a valid will.
- Intestate succession – when the deceased dies without a valid will, and the estate is distributed according to statutory rules.
The Thai legal system thus provides individuals the freedom to determine their heirs and manage their estate distribution, while also ensuring a clear fallback process if no will exists.
Importance of Making a Will in Thailand
1. Control Over Asset Distribution
A Thai will allows the testator (the person making the will) to decide exactly how their assets will be distributed after death. This includes real estate, bank accounts, vehicles, businesses, and personal belongings. Without a will, Thai law automatically divides assets among statutory heirs according to a fixed order of priority. These default allocations might not align with the deceased’s personal wishes or family circumstances.
For example, in the absence of a will, a surviving spouse shares the estate with children or parents under the CCC. However, if the testator wants to leave specific assets—such as a condominium or business shares—to a certain person, this must be clearly stated in a legally valid will.
2. Avoiding Family Disputes
Family disagreements are among the most common consequences of dying without a will. Inheritance disputes can lead to prolonged legal battles, strained family relationships, and unnecessary expenses. A clear and properly drafted will eliminates ambiguity about the deceased’s intentions, thereby reducing the risk of conflict among heirs.
By specifying asset distribution, executors, and guardians for minor children, a Thai will serves as a transparent and legally binding guide for all parties involved.
3. Protection for Foreigners with Assets in Thailand
Many foreigners own property, businesses, or bank accounts in Thailand. However, Thai inheritance law only governs assets located within the country. This means that even if a foreigner has a will in their home country, it may not automatically apply to their Thai assets unless specifically recognized under Thai law.
Having a separate Thai will ensures that locally held assets are distributed efficiently according to Thai legal procedures. It also helps prevent delays caused by the need to translate and authenticate foreign wills in Thai courts. In some cases, foreigners choose to maintain two wills—one covering assets in Thailand and another for assets abroad—provided that the two documents do not conflict.
4. Appointment of an Executor
A will allows the testator to appoint an executor, who is responsible for managing and distributing the estate according to the testator’s wishes. The executor handles the necessary legal processes, such as applying for a court order to administer the estate, paying debts and taxes, and transferring property to heirs.
If no executor is named, the court must appoint one, which can lead to delays and potential disagreements among family members. Appointing a trustworthy executor in advance ensures the estate is administered smoothly and efficiently.
5. Ensuring Legal Validity and Compliance
A properly executed Thai will must meet specific legal requirements under the Civil and Commercial Code. Common types of wills recognized under Thai law include:
- Ordinary Written Will (Section 1656) – Must be signed by the testator in front of at least two witnesses, who also sign the document.
- Holographic Will (Section 1657) – Entirely handwritten, dated, and signed by the testator.
- Public Will (Section 1658) – Declared before a district official and two witnesses, offering the highest level of legal certainty.
- Secret Will (Section 1659) – Written and sealed by the testator, presented to a district official and witnesses.
- Oral Will (Section 1660) – Permitted only in exceptional circumstances, such as imminent danger of death, and must be made before at least two witnesses.
Each form has distinct procedural requirements, and errors in execution can render a will invalid. Therefore, consulting a Thai lawyer experienced in estate planning is strongly advised.
6. Providing for Dependents and Minors
A Thai will enables the testator to make provisions for dependents, such as spouses, children, or elderly parents. It also allows the appointment of guardians for minor children, ensuring that they are cared for by trusted individuals. Without such appointments, guardianship decisions fall under court jurisdiction, which may not align with the deceased’s preferences.
7. Tax and Estate Planning
Although Thailand does not impose inheritance tax on most heirs, a specific inheritance tax applies to certain high-value estates under the Inheritance Tax Act B.E. 2558 (2015). The law imposes a tax rate of up to 10% on assets exceeding 100 million baht for non-lineal heirs and 5% for direct heirs (such as parents or children). Proper estate planning through a will helps manage and minimize these liabilities, ensuring that assets are transferred in the most tax-efficient manner.
Intestate Succession: When There Is No Will
If a person dies without a will in Thailand, their estate is distributed according to the rules of intestate succession under the Civil and Commercial Code (Sections 1629–1635). Thai law classifies heirs into six orders of priority, as follows:
- Descendants (children, grandchildren)
- Parents
- Brothers and sisters of full blood
- Brothers and sisters of half blood
- Grandparents
- Uncles and aunts
The surviving spouse is also entitled to a share of the estate, in proportion to the class of heirs that exist. For example, if the deceased is survived by a spouse and children, the spouse shares equally with the children. If no statutory heirs exist, the estate is transferred to the State.
Relying on intestate succession removes the individual’s control over how assets are divided and may cause unexpected outcomes, especially in blended or international families.
Importance of Legal Guidance
Because succession law in Thailand involves detailed legal procedures, court filings, and estate valuation, seeking professional assistance is highly recommended. Lawyers can:
- Ensure the will complies with Thai legal requirements.
- Draft bilingual wills for foreigners.
- Coordinate probate and estate administration after death.
- Prevent overlapping provisions between Thai and foreign wills.
Legal guidance not only safeguards the validity of the will but also streamlines the process for heirs, reducing emotional and financial stress during a difficult time.
Conclusion
A Thai will is more than just a legal document—it is a vital instrument for protecting assets, preserving family harmony, and ensuring one’s wishes are respected after death. Whether you are a Thai national or a foreigner with property in Thailand, preparing a valid and properly registered will provides peace of mind that your estate will be managed efficiently and in accordance with your intentions.
By understanding the principles of Thai succession law and taking proactive steps—such as drafting a clear will, appointing an executor, and seeking professional legal advice—you can prevent future disputes and secure the financial well-being of your loved ones. In Thailand, as in any country, careful estate planning today is the key to protecting your legacy tomorrow.