The Short Answer
After the funeral, an heir opens the filing cabinet and finds one will. A week later someone finds another, or a relative sends over a will made abroad. They do not say the same thing, and the question becomes "which one is valid?" This guide gives the order of checks to run before the family argues or goes to court. For the formal requirements and for evidence of forgery, see our guide to suspected forged or pressured wills. For wills of foreigners in general, see the foreign-will guide. This guide deals only with the situation where several wills are on the table.
The legal rule (Civil and Commercial Code, and the Conflict of Laws Act B.E. 2481 (1938)) A will must follow a prescribed form (sections 1656 to 1663), and a will that breaches the form is void (section 1705). A testator may revoke their will in whole or in part at any time by the methods in sections 1694 to 1697. One method is to make a new will, another is to destroy or strike out the original with intent to revoke. Section 1697 provides that, unless the testator showed a different intention, an earlier will is revoked only to the extent that it conflicts with a later one. Where a foreign element is present, sections 37 to 42 of the Conflict of Laws Act B.E. 2481 (1938) say which country's law governs which question.
Our practical view Most of these disputes can be reduced to one table: every will in date order, the assets each covers, and the points where they collide. Families often start by asking who is right and who is wrong. That is slower, and it damages relationships before the facts are known. In the end, which will is effective is for the court to decide.
Hypothetical example Khun Boonlert, from Mueang Khon Kaen, has died. His two children, Napa and Teerapong, find three wills. Will A was made at the district office in 2016: house and land to Napa, bank deposits split equally, Napa named executor. Will B is handwritten and dated 2022, found in a wardrobe: the farm plot to Teerapong, Teerapong named executor. Will C was made in Perth, Australia, in 2020: accounts and shares there to Teerapong, with a clause "revoking all earlier wills". We use this family in every section below.
1. Steps 1 and 2: Gather Everything, Then Test the Form
Step 1: gather and preserve the originals. Do not decide yet which will is genuine. Do three things.
- Collect every will, copy and draft, including those on phones, in email, or held by the deceased's lawyer or bank.
- Keep the originals in one place, dry, unaltered: no additions, no markings, no unstapling, no countersigning. Photograph both sides before handing anything on.
- Note who found each document, where, when, and who was present, because you may be asked later.
Step 2: test the form of each will. The common forms are below (see the forgery guide linked above for detail).
- Ordinary form (section 1656): in writing, dated, signed by the testator in the presence of at least two witnesses present at the same time.
- Wholly handwritten form (section 1657): the testator writes the whole document by hand, with date and signature.
- Official-document form (section 1658): made before an official at the district office.
- Secret-document form (section 1660).
A will that breaches the form is void under section 1705. If one will is void, there is no need to debate whether it conflicts with another. Be careful, though: "wrong form" must be based on the document, not on a feeling that the content is unfair.
In Khun Boonlert's family, Will B is wholly handwritten, so one must check that all of it is in his hand and that it carries a date and signature. Will A is an official document at the district office, so obtain a certified copy from the district office for comparison.
2. Steps 3 and 4: Put Them in Date Order, Then Read the Revocation Rules
Arrange the wills by the date they were made, not the date they were found, then read four rules.
- Revocable at any time (section 1693). A testator may change their mind until death. Making a will does not bind them.
- Revocation by a later will (section 1694). If the later will clearly revokes the earlier one (in whole or in part), first check that the later will is itself valid. If the later will is void, its revocation clause is unlikely to take effect with it, and a lawyer should check this on the facts.
- Revocation by destruction or striking out (section 1695). If the testator destroys or strikes out the original with intent to revoke, that revokes it, but the intent must be proved. A missing original is not the same as a revoked one, and where several originals exist, ask a lawyer before concluding. Separately, if the testator deliberately transfers or destroys the property given in the will, the provision about that property is revoked (section 1696).
- Later will revokes the earlier one to the extent of conflict (section 1697). Unless the testator showed a different intention, the earlier will is revoked only in so far as it conflicts with the later one.
A common misunderstanding is that a new will wipes out the old one completely. That is not always the law. You have to read what the new will actually says.
3. Common Scenarios: Which Will Applies
This table is an initial guide only. The actual result depends on the wording and form of each will.
| Scenario | Initial approach | What else to check |
|---|---|---|
| Two wills, different dates, conflicting terms | If both are valid, the later will prevails on the conflicting parts (section 1697) | Form of both wills (section 1705) and a clear date |
| Later will is silent on some assets | Assets the later will does not mention generally stay with the earlier will, since there is no conflict | Whether the later will meant to cover everything, and whether it has a clause revoking the whole earlier will |
| Later will says "revoke all earlier wills" | A revocation of everything under sections 1693 and 1694, if the later will is valid | The later will must be validly made; where a foreign element exists, see section 42 (part 5) |
| Earlier will deposited at the district office, later will handwritten and kept at home | Place of keeping does not decide it; look at form and date. A later handwritten will that meets section 1657 prevails on the conflicting parts | Get a certified copy of the district-office will; check handwriting and date of the home will |
| Only a copy, no original found | A copy alone is hard to prove | Find where the original is and how it was lost; was it destroyed with intent to revoke (section 1695)? |
| Undated document | Ordinary and handwritten forms require day, month and year; if missing, it may be void under section 1705 | Which form it is, and whether other evidence confirms the date; do not guess the date |
4. Steps 5 and 6: Map the Assets per Will, Then Find the Conflicts
Do not compare whole documents. Compare asset by asset, in one table. Real conflicts usually take one of three shapes.
- The same asset is given to different people.
- Different executors are named.
- One will gives everything to one person, another gives part to someone else.
Where the wills deal with different pools of assets, they do not conflict and both may operate together. The record below is one the heirs can adapt.
Inventory of wills found - estate of [name of deceased]
(Fictional data, a template only)
Will | Date made | Form | Found at | Original/Copy | Executor | Assets covered | Revocation clause
-----|-------------|-------------------|-------------------|----------------|----------|-----------------------------|----------------------
A | [dd/mm/yy] | Official document | District office | Certified copy | [name] | House, land, deposits | None
B | [dd/mm/yy] | Wholly handwritten| Wardrobe | Original | [name] | Farm plot | None
C | [dd/mm/yy] | Foreign form | Foreign lawyer | Original+transl| Not named| Foreign accounts and shares | "Revokes all earlier wills"
Points of conflict: [Wills A and B: farm plot / executor]
Points still unclear: [Can Will C revoke Will A? ask an adviser]
For Khun Boonlert, Will B (2022) is later than Will A (2016) and conflicts with it on the farm plot and on the executor. If Will B is validly made, section 1697 revokes that part of Will A. The house and deposits, which Will B does not mention, still fall to be dealt with under Will A, and one must still ask whether the "revoke all" clause in Will C affects Will A (part 5).
5. A Thai Will and a Foreign Will
A common pattern is a Thai will for assets in Thailand and a home-country will for everything else. The risk is that one of them contains a clause "revoking all earlier wills" without limiting it to one country, because the drafter did not know the other will existed.
The Conflict of Laws Act B.E. 2481 (1938) provides:
| Question | Law applied | Section |
|---|---|---|
| Succession to immovable property | Law of the place where the property is located | 37 |
| Succession to movable property (intestate or by will) | Law of the deceased's domicile at death | 38 |
| Capacity to make a will | Testator's national law at the time of making | 39 |
| Form of a will | Testator's national law, or law of the place of making | 40 |
| Effect, interpretation, invalidity | Law of the testator's domicile at death | 41 |
| Revocation, and lapse | Revocation: domicile at the time of revocation. Lapse: domicile at death | 42 |
The table summarises the provisions, so read the full text as well. Three points follow.
- Land and condominiums in Thailand are always governed by Thai law. A foreign will that leaves Thai land to someone must pass Thai law first, including the limits on foreigners inheriting land. See our guide to Thai assets and international estates.
- Form. A will valid in form under the testator's national law or the law of the place of making is accepted under section 40, so it need not always be redone in Thai form.
- A "revoke all earlier wills" clause. Revocation follows the law of the testator's domicile at the time of revocation (section 42). If the testator had moved abroad or was domiciled outside Thailand when Will C was made, the answer may differ from the case where they lived in Thailand, so advisers in both countries should be asked. Do not draw the conclusion yourself.
A foreign will to be used in a Thai court usually needs a certified Thai translation, and the original document must be authenticated as the court requires. Countries party to the Apostille Convention can use an apostille. Foreign law is generally something the parties must prove as a fact, so prepare an opinion or certified text of that country's law.
In Khun Boonlert's family, Will C covers accounts and shares in Australia, which is mainly a matter for the law and courts there, while the Khon Kaen land is under Thai law. What remains is whether the "revoke all earlier wills" clause in Will C touches Will A, which Thai law governs. An adviser must answer that.
6. When Two Wills Name Different Executors
When two wills name different people and it cannot be settled which will applies, the court decides whom to appoint. An heir, an interested person or the public prosecutor may petition under section 1713. For the steps, see our guides on petitioning to appoint an estate administrator and choosing an executor in a will.
In the meantime, a person named in either will should not present themselves to a bank or Land Office as the executor, and should not move assets. If there is a risk that assets will be used or sold, ask a lawyer how to protect your rights.
7. When You Suspect Forgery or Pressure
If one will looks wrong (the handwriting does not match, it surfaced soon after the death, the beneficiary was the close carer, or the testator was gravely ill when it was made), keep the evidence and take advice before accusing anyone. Signatures, witnesses, capacity, duress, fraud, time limits and reporting to the police are covered in the guide to suspected forged or pressured wills, which we do not repeat here. One point to remember: do not conclude a will is forged just because there are several. People do change their wills over time.
8. Step 7: Decide About Going to Court Once the Facts Are Known
When the table is done, there are usually three routes.
- Agreement. The heirs read the table and agree which will governs. Record the agreement in writing, and have a lawyer read it before anyone signs.
- No agreement on the executor. Petition for appointment of an administrator (section 1713) and let the court appoint.
- No agreement on which will is valid. A court action may be needed for a ruling, for example a declaration that a particular will cannot be enforced. This has conditions and time limits; see the guide linked in part 7.
Court is the last step, not the first, because you need the table and the original documents ready. The result depends on the facts, the documents and the court's discretion, and no one can guarantee an outcome in advance. For the wider picture of estates and division of assets, see the main inheritance guide.
Checklist
Gather and preserve
- Collect every will, copy and draft
- Keep the originals in one place, with no changes, markings or extra signatures
- Photograph every page and note who found it, where and when
- Request a certified copy of any will deposited at the district office
Check form and dates
- Test the form of each will (sections 1656 to 1663 and section 1705)
- Arrange them by date made, not date found
- Set aside separately any undated will or any will with no original
Compare the content
- Read the revocation wording in each will (sections 1693 to 1697)
- Build a table of the assets each will covers
- Mark the conflicts and any duplicated executors
If a foreign element exists
- Separate assets in Thailand from assets abroad (sections 37 and 38)
- Ask an adviser in that country to confirm the form and the effect of any revocation clause (sections 40 to 42)
- Arrange translation and authentication of any document to be used in a Thai court
Before deciding on court
- Try to agree using the table first
- Take legal advice before claiming authority with a bank or the Land Office
Further Reading
- Wills and inheritance in Thailand for foreigners — general rules on foreign wills, which this guide does not repeat
- Suspected forged or pressured wills — when handwriting, capacity or duress must be proved
- Choosing an executor in a will — what an executor does and who cannot serve
- Petitioning to appoint an estate administrator — the court steps when the court must appoint
- Thai assets and international estates — working with advisers abroad
- A parent has died: how is the estate divided? — overview of dividing an estate and appointing an administrator
Do not decide which will is valid from the date or the place of keeping alone. Check the form, the dates, the assets covered and the revocation wording first, then decide about court.
We help heirs review several wills, prepare a comparison table, and take court action when needed. 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.
