Why foreigners in Thailand need a will
After buying property or living in Thailand for a while, many foreigners accumulate assets here — a condo, bank accounts, a vehicle — yet have no Thai will. If something happens, these assets do not pass to family automatically; they go through Thai succession, which without a will is slow and prone to disputes. A separate Thai will for your Thai assets is the simplest, most effective way to protect your family.
This article is general information, not legal advice for your specific case. Inheritance rules vary by asset type and family situation — consult a lawyer before acting.
What happens without a will — intestate succession
With no valid will, Thai assets pass under the statutory order of the Civil and Commercial Code to statutory heirs (spouse, children, parents, siblings, etc.), and the court appoints an estate administrator on petition (s.1713) — in practice a step banks and others usually require — before a bank account or condo can be transferred.
For foreigners this often means: the family must hire a Thai lawyer, attend court, and file extensive documents with certified translations; the process can run for several months or longer, and a foreign spouse may face extra limits on holding certain assets.
The forms of a Thai will
Thai law recognises several will forms; the ones foreigners use most are:
- Written will with two witnesses — the testator signs and two witnesses sign in each other's presence. The most common and practical.
- Official-document will at the District Office (Amphur) — recorded by officials, strong evidentiary weight.
- Other forms exist (holographic, secret) with stricter requirements.
Note: a witness should not be a beneficiary or a beneficiary's spouse, or that gift may be void. A will in Thai (or Thai plus your own language side by side) is easier for the court and Land Office to accept.
Special rules on foreigners inheriting property
- Condominium — can be inherited; but if the heir is also a foreigner, the building's 49% foreign quota still applies. If inheritance pushes ownership over the quota, an heir who does not qualify to hold a condo must notify the Land Office within 60 days and sell within one year, while one who qualifies sells only the part over the quota.
- Land — foreigners generally cannot own land. A foreigner inheriting as a statutory heir may be permitted by the Minister of Interior to acquire it within the Land Code limits (e.g. a residence up to 1 rai per family, counting land already held; s.93); a legatee who is not a statutory heir cannot use this route. Otherwise the land must be disposed of within the period set by the Director-General of Lands (not less than 180 days, not more than one year), or it may be sold (s.94).
- Bank accounts and movables — usually transferred on the strength of a court order; banks generally ask for one even when the will names an executor (practice varies by bank).
This is exactly why a will and succession plan should be set up when you buy (especially a condo), so your family is not forced into a fire-sale within a deadline later. Further reading: Buying Property in Thailand as a Foreigner.
The estate administrator and probate process
The core steps are usually:
- Confirm the will and asset list — verify the will's validity and compile the Thai assets and documents.
- Apply to court to appoint an estate administrator (executor) where needed — an executor named in a valid will is appointed by the will itself (s.1712) and needs no court confirmation by law; the court appoints an administrator in the s.1713 cases, and banks often still ask for a court order.
- Transfer on the strength of the order — register the transfer of assets to the heirs at banks, the Land Office, and so on.
A valid Thai will that names an estate administrator makes this process clearly faster and less contentious.
Common pitfalls
- Having no Thai will, forcing family through long intestate succession;
- A will that fails Thai form requirements, which voids the whole will, or a beneficiary who is also the writer or a witness (or their spouse), which voids only that gift;
- Only a foreign will, with no separate arrangement for Thai assets, causing probate delays;
- Inheriting a condo or land without considering the foreign quota and disposal deadlines;
- Holding assets through a nominee, leaving family unable to recover them lawfully.
How we help
We help foreign clients draft a will compliant with Thai law, name an estate administrator, obtain the court order, and transfer assets, coordinating with your foreign will and planning property succession — all available in English or Chinese (long-serving Taiwan, Hong Kong and mainland China clients). See our Phuket wills and inheritance service for foreigners or services for foreign clients.
Summary
If you own anything in Thailand, making a Thai will is the most practical protection for your family: choose the right form, meet the witness requirements, name an estate administrator, and plan ahead for the foreign quota on condos and land. With a lawyer who knows foreign succession, your family avoids months of detours later.
If you need a Thai will or help with inheritance, talk to our estates team or tell us about your situation.
