After a family member dies, a child opens the phone and finds a PDF titled "Will", a LINE message sent to one of the children, a video of the deceased sitting and saying who should get the house, or a note in a notes app. The question that follows is whether this is a will and whether the heirs must follow it. On the other side are people thinking of making a will by "just filming it", who may end up with wishes that have no effect.
This guide separates two things people often mix up: the forms of will that the law recognises, and the evidence of what the deceased wanted. For choosing an executor, see choosing an executor in a Thai will. If you suspect the will you found is forged or was made under pressure, see the guide on evidence for a suspected forged will. If there is no valid will, how the estate passes is in the main inheritance guide.
The short answer
Most digital files are not a will in themselves. They are evidence of what the deceased wanted, because Thai law recognises a will only in the forms set out in the Civil and Commercial Code. A file that fits no form does not oblige the heirs to divide the estate that way, but the heirs may choose to divide in line with the wishes voluntarily.
The law. Section 1655 of the Civil and Commercial Code provides that a will can be made only in one of the forms laid down in that chapter. Section 1705 makes a will void if it was made in breach of Sections 1652, 1653, 1656, 1657, 1658, 1660, 1661 or 1663. Where there is no will, or the will cannot take effect, the estate goes to the statutory heirs under Section 1620. The forms relevant here are 1656 (written, with two witnesses), 1657 (entirely handwritten), 1658 (public document), 1660 (secret document) and 1663 (oral, only in special circumstances).
Our practical view. The first question is whether a signed paper version exists. A phone file without a signature and witnesses is usually not enough to be a will, but do not delete it. It may help prove wishes, family relationships or the deceased's condition. The legal effect depends on all the facts and on the court. We cannot tell from a file name.
Hypothetical example. Grandmother Somporn, 79, lived in Khon Kaen and had three children: Anong, Teera and Wanna. After she died, Anong, who had cared for her, found three things on her phone: an unsigned PDF typed as a "will" leaving the house to Anong; a LINE message to Teera saying "the rice field is yours"; and a video in which Somporn says she wants the three children to share equally. The three do not agree with each other, and nobody has found a paper original. We use this family throughout the guide.
1. Which forms of will does the law recognise?
The law does not ask whether a document is paper or a file. It asks whether the form is met. The main forms are:
| Section | Form | Key points |
|---|---|---|
| 1656 | Written will (ordinary form) | Dated with day, month and year; the testator signs in front of at least two witnesses present together; the two witnesses sign to attest the testator's signature at that time. It may be typed or printed if the conditions are met. Erasures, additions or other changes need the same formalities |
| 1657 | Entirely handwritten | The testator writes the whole text, the date and the signature in their own hand. On the wording of the section, typing is not allowed. No witnesses needed |
| 1658 | Public document | The testator states the wishes to the district registrar (district office) before at least two witnesses present together; the official records and reads it back; all sign |
| 1660 | Secret document | The testator signs, seals it and signs across the seal, then presents it to the district registrar and at least two witnesses and declares it to be their will |
| 1663 | Oral | Only where special circumstances make any other form impossible, such as imminent danger of death, an epidemic or war. The testator states the wishes before at least two witnesses present together, and the witnesses must promptly appear before the district registrar and report the content, the date, the place and the special circumstances |
Section 1664 adds that an oral will lapses one month after the testator returns to a position to make a will in another form. Section 1653 bars the person who wrote the will, the witnesses and their spouses from taking property under it.
In picture form: a Section 1656 will that is printed and then signed in front of two witnesses is valid even though it is not handwritten. A file typed on a device and never signed before witnesses does not fit any form. A Section 1657 will must be handwritten, so typing on a phone or computer does not meet it.
2. Does the Electronic Transactions Act help?
The Electronic Transactions Act B.E. 2544 says a message must not be denied legal effect merely because it is electronic data, and it recognises electronic signatures on conditions. But it applies to civil and commercial transactions that are not exempted. The Royal Decree specifying the types of civil and commercial transactions exempted from the law on electronic transactions, B.E. 2549, lists as its first two items transactions relating to the family and transactions relating to inheritance (we checked the Gazette text).
We do not read more into the text than that. The practical result is that you should not rely on the Act to turn a file or an electronic signature into a will, and Section 1656 still requires two witnesses signing together. Check the current version of the Royal Decree and the Act before you decide anything, as the law may be amended.
3. Can each type of file be a will, and what else is it good for?
| File | Can it be a will? | What to check | What else it may be useful for |
|---|---|---|---|
| PDF on a phone, unsigned | Generally no: no signing before witnesses, and typed is not handwritten | Created and modified dates, who made it, who it was sent to, whether a signed printout exists | Shows intention or an unfinished draft; helps heirs consider a voluntary division |
| Scan of a signed and witnessed paper will | The will is the paper original; the scan is a copy | Find the original; check signature, date, two witnesses signing together, erasures or changes | If the original is lost, the content and making of the will must be proved to the court; the result is uncertain |
| PDF printed and signed by hand before two witnesses | May be, under Section 1656, if the conditions are met | The paper original, date, testator's signature, both witnesses present together, witnesses not beneficiaries or spouses of beneficiaries | The remaining PDF serves as a supporting copy |
| LINE message saying who gets what | Generally no | Who sent it, when, to whom, the context of the conversation, whether the device and account were really the deceased's | Evidence of intention and relationships, and it may help confirm an agreement or gift in another context; but a gift of land must be in writing and registered (Section 525) |
| Voice note | No, unless the special conditions of Section 1663 are met, with witnesses and the report to the district registrar | Who was present, the deceased's condition, the time of recording, whether it was edited | Evidence of intention and of the deceased's condition |
| Video of the deceased stating wishes | Not on its own, unless Section 1663 is met by witnesses who followed the procedure | Date filmed, who appears, whether the deceased seems lucid and willing, whether anyone was prompting | May help show capacity and free will, or be used in a challenge to a will; it does not replace the form |
| Note in a phone's notes app | Generally no: typed, no witnesses | Created and modified dates, edit history, who could access the device | Evidence of intention; a draft of thinking |
| E-signature on a document | Do not assume so (see Section 2), and there are no two witnesses together | The signing platform, signing log, email or phone used to verify, the provider | Evidence of intention; other documents that are not wills may fall under different law |
A caution. "Not valid as a will" does not mean "useless". A court may take a file as evidence on other points, such as the deceased's intention, capacity, or a gift made during life. The weight depends on other evidence and on the court's discretion.
Back to Somporn's family. The unsigned PDF, the LINE message and the video each fit no form. The three children therefore need to find out whether a paper will in a proper form exists. If none does, the estate goes to the statutory heirs (Section 1620), though the three may still agree to divide as their mother wished.
4. The family has found a file. What should they do first?
First, keep everything as it is.
- Do not edit, delete, rename or move the original file. If others need to see it, make a copy and send the copy; do not forward the original file from the deceased's device.
- Note when, where and by whom it was found, and who was present. Take screenshots showing the file name, dates and where it is stored.
- Keep the device somewhere safe, charged and locked. If it can be done without entering the deceased's accounts, turn off syncing or updates that could change files.
- Do not open apps and browse or recover files across the device, because that can change time metadata.
- Look for a paper original: a safe, bank deposit box, a trusted adviser, and ask at the district office, because a public document or secret document will may be held there.
- Tell the other heirs you have found the file. Do not keep it quiet; hiding or destroying a document connected with a will can affect rights. See the guide on evidence for a suspected forged will.
A record to make at once, which you can adapt:
Record of a file found on the deceased's device
Deceased: ................................ Date of death: ..........
Device: phone, make/model ............ Device ID (if any) ............
File location: app ......... > folder ......... > file name .........
File name: ................................ Type: PDF / message / audio / video
Date created: .......... Date last modified: ..........
Found by: ................................ Date and time found: ..........
Others present: ...........................
Screenshots taken: yes / no (names .........)
Current holder of the device: ................ Where kept: ................
Copies made for others to view: ................ (date sent ......)
Note: file not edited or deleted yes / no
Signed by the person recording: ................ Date: ..........
5. Can the family get into the deceased's device or accounts themselves?
No. Guessing passwords, using cracking tools, or entering the deceased's email, LINE, cloud or bank accounts without authority may amount to unauthorised access to a computer system under the Computer Crime Act B.E. 2550, Sections 5 to 7, and personal data remains protected under data protection law even if you are the child.
The proper route is:
- Use files you can already see on a device lawfully unlocked, or that the deceased shared with you.
- If you need data from a provider, such as a messaging platform or cloud service, contact the provider under its own procedure for the account of a deceased person. These differ from one provider to another.
- If the provider will not release it, take advice from a lawyer on a court order or on appointing an estate administrator. See filing the court petition for an estate administrator.
- In the meantime do not use the deceased's device to send or reply to messages, because that can change the evidence.
6. Can the heirs divide in line with the wishes in the file?
Yes, if all the heirs agree. A file that is not a will can still serve as a guide for a voluntary division, but it is best to record it as a clear agreement.
- A compromise is a contract in which the parties settle a dispute by mutual concessions (Section 850). It needs written evidence signed by the party liable, or it cannot be enforced in court (Section 851). Its effect is to extinguish the claims each side has given up and give each party the rights the contract states (Section 852).
- State what each heir receives, which assets, and which claims each gives up. Every heir should sign.
- For land or bank accounts, the land office or bank may require extra documents, such as an order appointing an estate administrator. Check with them first.
- If an heir is a minor, a parent cannot always act alone, and some steps need court permission. See the guide on minor heirs and court permission.
- An heir who does not sign is not bound, and nobody should be pressured to sign.
In Somporn's family the three files conflict. Anong, Teera and Wanna could agree in writing that the house goes to Anong, the rice field to Teera, and the rest is shared equally, all three signing. If one refuses, they go back to the statutory-heir rules or to the court.
7. If you are planning your own will
- Make a paper will that fits a form: for example the Section 1656 form, which can be printed and needs two witnesses signing together, or a public document will at the district office if you want an official to keep it and help it meet the form.
- Choose witnesses who are not beneficiaries and not the spouse of a beneficiary (Section 1653).
- Name an executor and a backup. See choosing an executor in a Thai will.
- Keep a scan or photo on your phone or in the cloud as a pointer, so your family knows where the original is, but do not treat the image as a substitute for the original.
- A video can help show you were lucid and willing when you made the will, but it does not replace the form and can itself be challenged.
- If you have assets or heirs abroad, see wills and inheritance in Thailand for foreigners and multiple and conflicting Thai and foreign wills.
- Tell someone you trust where the original is kept, and review the will when your life changes.
8. Checklist
If you find a file on the deceased's device
- Do not edit, delete or forward the original file
- Note the date, time, place, who found it and who was present
- Keep the device charged, locked and in a safe place
- Screenshot the file name and created and modified dates
- Do not guess passwords or break into the deceased's accounts
Find the original and check the form
- Look for the paper will at home, in a safe, at the bank, at the district office
- Check the date, signatures, two witnesses signing together, and any erasures
- Check whether a witness or a witness's spouse is a beneficiary
- For an oral statement, check whether two witnesses reported to the district registrar
Heirs and division
- Tell every heir you know of
- If you agree to divide in line with the wishes, sign a written compromise
- If a minor is involved, check court permission before signing
- If you cannot agree, take legal advice before going to court
If you are planning your own will
- Make a paper will that fits a form
- Keep a copy as a pointer
- Tell the executor where the original is
Further reading
- Choosing an executor in a Thai will — how many to name, who, and a backup
- Suspect a will is forged or made under pressure — gathering evidence and time limits
- Parents pass away: how is the inheritance divided — statutory heirs and the general steps
- Wills and inheritance in Thailand for foreigners — where a foreign element is involved
- A minor child inherits — when an agreement involves a minor
- Filing the court petition for an estate administrator — when you need a court order or data from a provider
A file on a phone is evidence of intention; a will is a document that meets the legal form. If you find a file, keep it as it is, look for the original, and do not get into the deceased's accounts without authority.
We help families check a will and the documents they have found, prepare an agreement to divide the estate, and handle court steps. For an initial consultation, call +66 92 254 2045 or send us the details. See also our estate practice.
This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.
