Forms of Wills under Thai Law: Five Ways to Record Your Wishes

Why a Foreign National Should Make a Will Specifically under Thai Law

If you hold assets in Thailand, whether a condominium unit, a bank account, a shareholding in a company, or a vehicle, a Thai court will determine the fate of that property after your death, applying Thai succession law. A will executed in Russia or another country can technically be recognised, but in practice recognition requires legalisation, translation, and a separate court proceeding that can stretch on for months. For that reason, virtually every owner of Thai assets would be well advised to execute a separate local will covering that property specifically.

The forms of will are set out in the Civil and Commercial Code of Thailand (CCC), Chapter II of the title on succession, namely sections 1655 to 1672. The Code recognises five forms, and they are equally available to Thai nationals and to foreign nationals who hold property in the country.

Who May Execute a Will

Before choosing a form, one must confirm that the testator is legally entitled to execute one at all. Thai law establishes three basic requirements:

• Minimum age of 15 years. A minor who has reached the age of 15 may execute a will (section 25 CCC). A document executed by a person under 15 is void (section 1703).
• Legal capacity. A will made by a person judicially adjudicated incompetent is void. Where a person is merely 'suspected' of a mental disorder, the will is voidable, and only upon proof that at the moment of signing the person did not understand the nature of their actions (section 1704). The Supreme Court decision No. 177/2528 (1985) is instructive: a person of limited capacity may still execute a valid will if, at the time of execution, they were able to express their wishes.
• Free will. A will executed under duress, by mistake, or as a result of fraud may be contested within the time limits prescribed by the Code (sections 1708 to 1710).

The Five Forms of Will

The Code offers a choice among a simple written form, a holographic form, a public instrument, a secret document, and an oral will. They differ along three parameters: whether witnesses are required, whether the involvement of a government authority (the Amphoe) is necessary, and how difficult the form is to challenge.

1. Simple Written Form (Section 1656)

This is the most commonly used option. The will is drawn up in writing, bears the date of execution, and is signed by the testator in the presence of at least two witnesses, who also sign. Notarisation or registration is not required for validity. Any alterations to the text must be separately signed by the testator and both witnesses, otherwise the amendment risks being held invalid.

2. Holographic Form (Section 1657)

The entire text, including the date and signature, must be written in the testator's own hand. No witnesses are required at all. The flip side, however, is that if even a portion of the text is not in the testator's handwriting (for example, if it was typed on a computer or written in by another person), the will risks being declared invalid.

3. Public Instrument (Section 1658)

This form is executed at the district office, the Amphoe (or, in Bangkok, the Khet office). The testator declares their wishes orally to an official in the Thai language, the official records them, reads them aloud, after which the testator and the witnesses sign the document and the official certifies it. If the testator does not have a sufficient command of Thai, an interpreter is engaged. This form is the most resistant to challenge, because the act of declaring one's wishes is recorded by a government officer.

4. Secret Document (Section 1660)

The testator signs the completed text, seals it, and personally delivers it to the Amphoe in the presence of two witnesses. The official makes a note on the envelope recording the date of submission and affixes an official seal, after which all persons present sign. The contents remain confidential and are opened only upon death. This form is convenient when it is important to keep the terms of the will private during the testator's lifetime.

5. Oral Will (Section 1663)

This form is permitted only in exceptional circumstances, for example where there is an immediate threat to life or where it is physically impossible to use any other form. At least two witnesses must be present. In practice it is extremely rarely used and almost invariably becomes the subject of litigation.

Who May Not Act as a Witness or Executor

The law expressly disqualifies the following persons from acting as witnesses: minors, persons with mental disorders, persons who are deaf, mute, or blind, and, most importantly, the beneficiaries under the very will in question. If a beneficiary has acted as a witness, the disposition in their favour may be annulled. Similar restrictions apply to the executor, who is additionally disqualified if they have been adjudicated bankrupt.

Key Considerations for Owners of Thai Assets

• Conditions on holding real property through succession. A foreign national who inherits a condominium unit must fall within the foreign ownership quota of 49% of the total floor area of the project (Condominium Act). A foreign national cannot inherit land in freehold, and will generally be required to sell it within a prescribed period.
• Source of funds. In order to purchase a condominium, the purchase money must have been remitted from abroad with a Foreign Exchange Transaction form (formerly known as the Tor Tor 3 form). Retain these documents, as the heirs will need them to establish their entitlement.
• Signatures on every page and a correct date are a frequent reason for simple written wills being set aside.
• Witnesses must not be beneficiaries - this is the most common mistake.
• Appoint an executor - without one, the probate process through the court takes considerably longer.
• Do not duplicate assets across a Thai will and a foreign will in a way that creates a conflict between them: it is better to draw a clear line between assets by jurisdiction.
• Limitation period for challenges: an action to revoke a will must be brought within three months of the date of death or of the discovery of the defect, subject to an absolute longstop of ten years (section 1710).