Making a Will in Thailand — choosing a valid statutory form

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Thai law prescribes specific statutory forms for a will, and a will that departs from the form is void in its entirety. This page explains each form, the witness requirements, the bar on beneficiaries acting as witnesses, and the supporting papers to prepare.

Thai law recognises several statutory will forms. The ordinary form under section 1656 must be in writing, dated with the day, month and year on which it is made, signed by the testator before at least two witnesses present at the same time, and signed by those witnesses certifying the testator's signature at that moment. The holographic form under section 1657 requires the testator to write the entire text, the date and the signature in their own hand, needs no witnesses, and cannot be typed or written by anyone else even in part.

The public-document form under section 1658 is made before the district officer: the testator declares the intended terms before two witnesses, the officer records and reads them back, and everyone signs. The secret-document form under section 1660 involves sealing the document and presenting it to the officer with witnesses. The oral form under section 1663 is available only in exceptional circumstances where no other form is possible, such as imminent danger of death, and its effect is limited by law.

Witness defects void more wills than anything else. Section 1653 bars the writer of the will and its witnesses — and their spouses — from taking a benefit under it; a disposition to such a person is void. Section 1670 additionally disqualifies minors, persons of unsound mind or adjudged quasi-incompetent, and persons who are deaf, mute or blind in both eyes from acting as witnesses.

Where a will covers several asset classes, identify each asset precisely enough to be traced: land by title deed number and its tambon, amphoe and province; a condominium by unit number and building name; bank accounts by bank and branch; shares by company name and registration number. Loose wording forces interpretation and invites disputes among heirs later.

Anyone holding assets in Thailand and abroad should consider separate wills per jurisdiction, each expressly limited to assets in that country, so a later will does not unintentionally revoke an earlier one. This is a common source of cross-border disputes, and counsel in both jurisdictions should review the wording before signing.

Documents to prepare

Thai ID card or passport of the testator
House registration of the testator
Marriage or divorce certificate, if any, to assess the spouse's statutory share under section 1635
Birth certificates or other proof of relationship for the beneficiaries
Ownership evidence for each asset: title deeds, condominium ownership certificates, bank passbooks, share certificates
ID documents of two witnesses who are neither beneficiaries nor spouses of beneficiaries

Certification order

List all assets and identify which are marital property, since a will can only dispose of the testator's own share
Choose the statutory form that suits the testator's circumstances and asset mix
Draft the terms, nominate an estate administrator in the will, and name substitute beneficiaries in case a beneficiary predeceases
Arrange witnesses who are not disqualified under sections 1653 and 1670
Execute strictly in the chosen form and store the original safely, telling the nominated administrator where it is kept

Pre-filing checklist

The date of execution is stated in full
Two witnesses were present together when the testator signed
No beneficiary or beneficiary's spouse acted as writer or witness
A holographic will is entirely handwritten, with no typed portion
Each asset is described precisely enough to be identified
Any earlier will is expressly revoked or expressly preserved

Frequently asked questions

Must a Thai will be registered with a government office?

No. Ordinary and holographic wills are valid without registration. Only the public-document form and the secret-document form under sections 1658 and 1660 are made before the district officer.

Do statutory heirs still take anything once there is a will?

Statutory heirs take whatever the will does not dispose of. If a valid will covers the entire estate, the named beneficiaries take it. Thailand has no forced-heirship share of the kind found in some civil-law countries.

Can a foreigner make an English-language will in Thailand?

Yes; no language is prescribed. A Thai translation will be needed before a Thai court, so bilingual wills are common, with a clause stating which language prevails in case of conflict.

How is a will amended later?

Make a new will expressly revoking the earlier one, or execute a codicil in the same statutory form. Crossing out text on the original without signing the alteration in the prescribed manner may leave that passage ineffective.

If the will names an administrator, is a court application still needed?

Usually yes. Banks and Land Offices require a court order as proof of authority. Naming a person in the will helps the court give effect to the deceased's intention.

For a document review before filing with a court or Land Office, contact LINE @nycli, phone +66-83-249-4999 or email nycli@ilc.ltd. Our team will confirm the steps, anything still missing and a realistic timeline.