Creating a Will in Thailand: Guide for Foreigners and Expats

If you own property, money, vehicles or other assets in Thailand, it is sensible to consider making a Thai will.

A properly prepared will can make it much easier for your family or beneficiaries to deal with your estate after your death and can reduce uncertainty about who should receive your assets.

This is particularly important for foreign residents who may have assets in both Thailand and their home country.

Thai Visa Express can assist with the preparation of a Thai will, with fees from 10,000 THB depending on the complexity of your circumstances and the assets involved.

Why Make a Will in Thailand?

Many foreign residents accumulate assets in Thailand over time without giving much thought to what will happen to them after death.

These assets may include:

• Money held in Thai bank accounts
• Condominiums or other property interests
• Cars and motorcycles
• Personal possessions
• Business interests
• Investments
• Other assets located in Thailand

A Thai will allows you to record clearly who you want to inherit those assets and who should deal with the administration of your estate.

What Happens If You Die Without a Will in Thailand?

If a person dies without a valid will dealing with their Thai estate, inheritance will generally be determined under Thailand's statutory succession rules.

Thai law provides for different classes of statutory heirs, including descendants, parents, siblings, grandparents and other close relatives. A surviving spouse may also have inheritance rights depending on the circumstances.

This may not produce the outcome you would have chosen yourself.

It can also make the administration of the estate more complicated for family members, particularly where beneficiaries live overseas or there are assets in more than one country.

What Can Be Included in a Thai Will?

A Thai will can deal with assets located in Thailand, subject to the nature of the asset and applicable Thai law.

Common items include:

• Thai bank accounts
• Condominiums
• Vehicles
• Personal belongings
• Jewellery and valuables
• Business-related interests
• Other property located in Thailand

It is important to identify assets accurately and avoid vague descriptions where possible.

If you own a vehicle in Thailand, you may also find our guide to buying and selling a car in Thailand useful.

Requirements for a Written Will in Thailand

Thai law recognises several forms of wills.

For a standard written will, the document should be prepared carefully, dated and signed correctly in the presence of the required witnesses.

Because the formalities matter, it is important that the document is executed correctly.

A will that has been badly drafted or incorrectly witnessed can cause unnecessary problems later.

Choosing an Executor

The executor is the person responsible for dealing with the estate after death.

This can include locating assets, dealing with the court process where required, paying liabilities and distributing assets to beneficiaries.

The person you choose should be somebody reliable and capable of dealing with the practical responsibilities involved.

For foreign residents, it is also worth considering whether the proposed executor will be available in Thailand when the estate needs to be administered.

Can Your Partner or Family Inherit Your Thai Assets?

A will can specify who you wish to benefit from your estate, subject to Thai law and the nature of the assets concerned.

This can be particularly important where you have a Thai partner, spouse, children or other family members and you want your intentions recorded clearly.

Do not assume that an unmarried partner will automatically inherit your assets in the way you intend.

Thai Assets and Assets in the UK or Another Country

Many expats have assets in more than one country.

For example, you may have bank accounts or property in the UK as well as a condominium, vehicle or bank account in Thailand.

Cross-border estates need particular care because wills made in different countries can potentially overlap or conflict if they are not drafted properly.

In some cases, separate wills may be appropriate for assets in different jurisdictions, but this should be considered carefully with appropriate legal advice.

You should never assume that simply making a second will automatically solves the problem, because a later will could contain wording that unintentionally revokes an earlier one.

Does a Thai Will Need to Be Registered?

Not every Thai will needs to be registered with a district office.

Thai law recognises different forms of wills, and the correct approach depends on the type of will being prepared and the circumstances of the person making it.

For most expats, the important point is to make sure the will is properly drafted, signed and witnessed in accordance with the applicable requirements.

When Should You Update Your Will?

A will should not simply be prepared and then forgotten forever.

You should consider reviewing it when there is a major change in your circumstances, such as:

• Marriage
• Divorce
• Birth of a child
• Purchase or sale of property
• Opening or closing significant bank accounts
• Buying or selling a business
• Death of a beneficiary or executor
• A significant change in your assets

It is also sensible to review an older will periodically to make sure it still reflects your wishes.

How Much Does a Will Cost in Thailand?

Thai Visa Express offers will preparation services from 10,000 THB.

The final cost will depend on the complexity of the will, the number and type of assets involved and whether additional work is required.

A straightforward will covering normal personal assets will usually be simpler than an estate involving multiple properties, companies or assets in several countries.

We will confirm the fee before work begins.

What Information Do We Need?

To prepare a will, you will normally need to provide information such as:

• Your full name and identification details
• Your address in Thailand
• Details of your beneficiaries
• Details of the person you want to act as executor
• Information about the assets you want covered
• Any particular wishes concerning distribution of the estate

For more complicated estates, additional information may be required.

Wills for Expats Living in Pattaya

Many of our clients live in Pattaya, Jomtien and the surrounding areas and have built up assets in Thailand over many years.

This can include property, vehicles, bank accounts and personal belongings.

Making a will is one of those practical matters that is easy to postpone, but dealing with it while your affairs are straightforward can save family members considerable difficulty later.

If you are living in Pattaya long term, you may also find our guide to living in Pattaya useful.

Final Thoughts

If you have assets in Thailand, preparing a will can make your wishes much clearer and make things easier for the people who have to deal with your estate.

The more complicated your financial or family circumstances are, the more important it becomes to make sure the document is prepared and executed correctly.

Thai Visa Express can assist with will preparation in Thailand, with fees starting from 10,000 THB.

This page provides general information only. Individual inheritance and estate matters can be legally complex, particularly where assets are held in more than one country, and specific legal advice may be required.