Succession law in Thailand governs how an individual’s assets are distributed after their death. For both Thai nationals and foreigners who own property or have family in Thailand, understanding the types of wills and succession procedures is crucial. A well-drafted will provides certainty and control over how assets are passed on, while Thai succession law offers a clear legal framework when there is no will. This guide explains the different types of wills in Thailand, the succession process, and the importance of estate planning.
The Importance of a Will in Thailand
A will is a legal document that specifies how a person’s estate should be managed and distributed after their death. In Thailand, having a valid will ensures that your wishes are followed, reduces the risk of disputes among heirs, and simplifies the estate administration process. Without a will, Thai law imposes a fixed order of inheritance which may not align with personal preferences.
The Thai Civil and Commercial Code governs the laws of succession, providing both rules for testate succession (with a will) and intestate succession (without a will).
Types of Wills in Thailand
Thai law recognizes several types of wills, each with specific legal requirements. Here are the common types:
1. Ordinary Written Will (Simple Written Will)
This is the most commonly used type of will in Thailand.
Features:
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The will must be made in writing and signed by the testator (person making the will).
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It requires at least two witnesses to sign in the presence of the testator.
Advantages:
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Simple and inexpensive to prepare.
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Suitable for straightforward estate planning.
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Flexibility to include specific instructions and appoint an executor.
Usage: Ideal for individuals with clear intentions about distributing their assets.
2. Holographic Will (Handwritten Will)
A holographic will is written entirely by the testator in their own handwriting.
Features:
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Must be handwritten, dated, and signed by the testator.
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No witnesses are required.
Advantages:
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Easy to draft personally without legal assistance.
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Useful in emergencies or when witnesses are unavailable.
Disadvantages:
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Higher risk of disputes if handwriting is contested.
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Potential issues in clarity or legal validity if not properly written.
Usage: Suitable for individuals wanting privacy and immediate creation of a will.
3. Public Will (Will at the District Office)
A public will is made by declaring your intentions before a government officer (district registrar).
Features:
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Made orally or in writing in front of the registrar.
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The registrar records the will, which is signed by the testator and at least two witnesses.
Advantages:
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High legal security.
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Difficult to challenge due to formal procedure.
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Official record kept at the local government office.
Disadvantages:
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Less privacy since government officials record the will.
Usage: Recommended for individuals with complex estates or where legal certainty is a priority.
4. Secret Will
A secret will involves the testator sealing the written document and declaring to the public officer that it is their will.
Features:
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The will is sealed and handed to the registrar in the presence of two witnesses.
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It remains confidential until opened after death.
Advantages:
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Provides privacy while ensuring official registration.
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Reduces risk of tampering before death.
Disadvantages:
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Complex process and potential legal disputes if improperly executed.
Usage: Suitable for those who wish to keep their testament confidential.
5. Oral Will (Made in Exceptional Circumstances)
Oral wills are only valid under special emergency situations, such as imminent death.
Features:
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Must be declared orally in front of at least two witnesses.
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Valid only for a limited time (usually one month), after which it becomes invalid if the testator survives.
Advantages:
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Useful in life-threatening emergencies where written wills cannot be made.
Disadvantages:
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Limited validity and high risk of disputes.
Usage: Only for extreme emergencies like accidents or severe illness.
Intestate Succession in Thailand (Without a Will)
If a person dies without a valid will, Thai intestate succession laws apply. The estate is divided among statutory heirs in the following order of priority:
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Descendants (children, grandchildren)
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Parents
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Siblings of full blood
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Siblings of half blood
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Grandparents
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Uncles and aunts
The spouse is entitled to a share alongside statutory heirs, depending on the category of relatives:
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With children, the spouse shares equally.
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With parents or siblings, the spouse receives half of the estate.
Without any surviving heirs, the estate goes to the state.
Role of Executor and Probate
In Thailand, an executor (administrator) is responsible for managing the deceased’s estate:
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Collecting assets
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Paying debts and taxes
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Distributing assets to heirs
The executor can be appointed in the will or, if no will exists, by court order. Probate proceedings in Thai courts ensure the estate is distributed according to the will or intestate laws.
Importance of Succession Planning
Succession planning through a valid will is highly recommended in Thailand for several reasons:
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Ensures personal wishes are respected.
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Reduces family conflicts over inheritance.
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Simplifies court processes and reduces legal costs.
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Facilitates smoother asset transfer, especially for foreign property owners.
For foreigners, having a Thai will is essential to avoid delays in transferring assets such as land, condominiums, bank accounts, and personal belongings in Thailand.
Conclusion
Thailand offers multiple legal options for creating a will, each serving different needs based on simplicity, privacy, and legal formality. Whether through an ordinary written will, a registered public will, or a secret will, proper estate planning allows individuals to protect their assets and provide clarity for their loved ones.
In the absence of a will, Thai succession laws apply, potentially leading to outcomes that may not reflect personal intentions. To avoid uncertainties and disputes, individuals—especially expatriates and property owners in Thailand—should consult legal professionals to draft a clear, valid will tailored to their circumstances. Proper succession planning ensures peace of mind and legal security for future generations.
