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Thai Will & Testament — Estate Planning for Foreigners in Thailand

Foreigners holding assets in Thailand should keep a separate Thai Will alongside their home-country will to avoid a 6-24 month probate freeze. NYC drafts bilingual wills, registers them at the amphur and appoints estate administrators end-to-end.

Wills per year
300+
CCC formats
5
Gov. fee
THB 50
Service from
THB 8,500
Quick answer

Thai wills follow five formats under the Civil and Commercial Code §§1655-1672. Foreigners typically choose the Public Document Will (§1658) filed at the amphur — THB 50 government fee, two witnesses required. NYC handles bilingual drafting, amphur filing, and administrator appointment for THB 8,500. Thai wills cover Thai-situated assets only and coexist with home-country wills.

Five formats under CCC §§1655-1672

1) Ordinary (§1656) — typed, signed before two witnesses. 2) Holographic (§1657) — fully hand-written, no witness required. 3) Public document (§1658) — signed at the amphur, original held by the state. 4) Secret document (§1660) — sealed and lodged at the amphur. 5) Made abroad (§1667) — at a Thai Embassy. NYC recommends format 3 for foreigners because the state custodies the original and prevents forgery.

Asset classes that need special care

Land: foreigners can inherit only as spouses/children of Thai nationals and must divest within one year, unless a lifetime usufruct is registered. Condominium: 100% transfer allowed if the foreign quota (49%) is not breached. Bank accounts: frozen the moment the bank learns of the death — a court-appointed administrator (4-6 months) is required to release funds.

Estate administrator (CCC §1711)

The administrator must be an adult of legal capacity, not bankrupt or incompetent. NYC recommends appointing a first-tier heir jointly with an attorney to prevent unauthorised transfers. Court filing THB 200 + attorney fees THB 25,000 for uncontested probates.

Thai inheritance tax (2015 Act)

Heirs receiving assets valued above THB 100 million pay 5% (direct descendants) or 10% (other heirs). The return is due within 150 days of death. NYC plans ahead via trust or holding-company structures to minimise exposure.

Living Will (§12 National Health Act 2007)

You may execute a directive to refuse life-prolonging treatment during terminal illness. NYC drafts a bilingual living will alongside the main will at no extra cost, ready to hand to hospitals and family.

How it works

  1. 1. Inventory Thai assets

    Land title deeds, condo sale contracts, bank passbooks, vehicle registrations, brokerage portfolios and insurance policies.

  2. 2. Bilingual drafting

    NYC drafts in Thai (governing) with an English translation, including revocation and administrator clauses.

  3. 3. Pick the format

    Public document (amphur) / ordinary with two witnesses / holographic (fully handwritten) / secret / made abroad (Thai Embassy).

  4. 4. Sign before officer

    Public-document wills are signed at the amphur (Bang Rak or district office) before two witnesses. NYC provides witnesses and a Thai interpreter for foreign testators.

  5. 5. Storage + admin briefing

    Original stored in a safe deposit box or with NYC counsel; copies distributed to administrators and family, with an emergency card locating the original.

FAQ

Does a Thai Will conflict with my home-country will?

Not if both explicitly limit their scope ('Thai-situated assets only' vs 'excluding Thailand'). Coordination between counsel in both jurisdictions is essential.

Can my Thai spouse inherit my land?

If the land is already in your Thai spouse's name, inheritance passes normally. If registered under a foreign owner (BOI/usufruct route), Land Code §93 forces disposal within one year of death.

Can I amend a Thai Will?

Yes — either sign a fresh will explicitly revoking the previous one, or add a codicil using the same format and witnesses as the underlying will.

What happens if I die intestate?

Assets pass under CCC §1629 statutory heirs (spouse + descendants + parents + siblings...). A court-appointed administrator is required (6-12 months, THB 40,000-100,000 in costs).

Can I sign at a Thai Embassy abroad?

Yes — CCC §1667 recognises wills executed at any Thai Embassy worldwide. Thai form and formalities apply, not local ones. NYC drafts the document before you travel.

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