The foreigners who write to us about wills tend to ask the same short questions. Here are the answers, grouped by stage.
Before you write it
Do I need a Thai will if I have one at home?
Not legally, but usually practically. Proving a foreign will in a Thai court takes translations, certifications and sometimes proof of foreign law. A short Thai will limited to Thai assets avoids that. We explain this in more detail in a simple Thai will for your bank accounts and condo.
Which form of will should I use?
Thai law recognises several forms. The ones foreigners meet in practice are:
| Form | How it is made | Notes |
|---|---|---|
| Ordinary written | Written or typed, dated, signed in front of two witnesses present together | Most common for foreigners |
| Holographic | Entirely in your own handwriting, dated and signed | No witnesses needed, but a typed document does not qualify |
| Public document | Declared to an official at a district office, with two witnesses | The office's language and interpreter practice varies |
| Secret | Sealed will lodged with the district office | Rarely used |
Can it be in English?
Yes for an ordinary written will. A bilingual Thai–English document is more practical, because the court and banks can read the Thai text without a translation.
Signing
Who can be a witness?
Two adults of sound mind who are not blind, deaf or mute, and who are present together when you sign.
Who must not be a witness?
Anyone receiving something under the will, and their spouse. A gift to a witness is void. If your spouse is the main beneficiary, find two independent witnesses.
The district office would not take my will. Now what?
Some district offices hesitate over a foreign testator or want a certified interpreter. That affects only the public-document form. An ordinary written will with two qualified witnesses is valid without any office.
Should a doctor confirm I'm of sound mind?
It is not a legal requirement. For older testators, or where family members may later dispute the will, a medical note made close to the signing date is useful evidence.
After signing
Do I need to register it?
No. There is no central will register that makes a will valid.
Where should the original be kept?
Somewhere your executor can get to quickly:
- With your lawyer, who keeps a record of where it is
- In a fire-resistant safe at home that your family knows about
- With the district office, if the will was made there
Avoid a bank safe-deposit box as the only location. After death, opening it may itself require a court order.
Should I give copies to my family?
Tell your executor where the original is. Giving copies to everyone is a personal choice; some people prefer not to, to avoid arguments while they are alive. A copy is useful evidence, but the court will want the original.
The executor
Can my executor also inherit?
Yes. The bar on receiving applies to the writer of the will and the witnesses, not to the person you nominate to administer the estate.
Can I appoint a foreigner?
Yes. The court considers whether the person is an adult, of sound mind, not bankrupt and suitable. Nationality is not a disqualification. For practical reasons, consider an alternate who lives in Thailand.
Does naming an executor avoid court?
Usually not. Banks and the land office generally want a court order appointing the administrator. Naming someone in the will makes that application straightforward.
Changing it
How do I change my will?
Make a new will, revoke the old one in writing, or intentionally destroy the original. A new will should say clearly what it replaces.
Does marriage or divorce cancel my will?
Do not assume the answer is the same as in your home country. Rules differ between countries. Review your Thai will after any marriage, divorce, or birth of a child.
Will a new Thai will cancel my will back home?
It can, if it says it revokes "all previous wills". A Thai will for foreigners should state it covers only Thai assets and does not revoke wills dealing with assets elsewhere.
For the full legal background, see our guide to wills and inheritance in Thailand for foreigners.
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This article is general information, not legal advice for a specific case.