Estate & Probate Lawyers in Thailand
Most inheritance disputes are between people who all believed they were carrying out the same wishes
Most inheritance disputes are between people who all believed they were carrying out the same wishes
Estates divide families most often when there is no will, because the distribution then follows the statutory order rather than what anyone understood the deceased to have intended. Even where there is a will, disputes arise from wills that were not made in the required form, or that were clear to the person who wrote them and ambiguous to everyone else. We draft wills that will hold, act for administrators and heirs through the appointment and distribution, and handle estates where assets or beneficiaries sit in more than one country.
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Without a will, the statutory order applies
Where there is no will, the estate passes to statutory heirs in the order the law sets. That order is fixed and takes no account of what the family understood the deceased to have wanted, of who provided care, or of arrangements that were never written down. It is a common source of dispute precisely because everyone involved may be acting in good faith on different information.
A will has to be made in the right form to work at all
Wills come in several recognised forms, and one that does not meet the requirements of the form it was made in may be void — leaving the estate to be distributed exactly as if nothing had been written. The usual failures are procedural rather than substantive: a witness who does not qualify, a missing formality, or wording clear to the testator and ambiguous to everyone reading it afterwards.
Heirs are not personally liable beyond the estate
Heirs do not have to meet the deceased's debts from their own assets; liability is limited to what the estate provides. Where that protection is lost, it is usually through action taken before advice — acknowledging a debt, or dealing with estate assets in a way that creates a personal obligation. Creditors also have a limited window to claim against an estate, which cuts both ways depending on which side you are on.
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Frequently asked questions about Inheritance & Estate Law
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Further reading
A family member has just passed away. The bank won't allow a withdrawal, the land can't be transferred, and siblings are starting to disagree — a Thai heir's guide to who is entitled, whether an estate administrator must be appointed, and where to start.
17 min readInheritance GuideIf you own a condo, bank account, or other assets in Thailand, do you need a Thai will? A clear guide to intestate succession, the forms of a Thai will and witnessing, the special rules on foreigners inheriting property, the estate administrator and probate process, and common pitfalls. Written by a 40-year Thai law firm.
11 min read