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Life is unpredictable, but planning ahead ensures that your hard-earned assets are distributed according to your wishes. A last will and testament is a legally binding document that specifies how your estate will be handled after your passing. Many people in Thailand overlook the importance of creating a last will, leaving their loved ones to deal with unnecessary legal complications. Whether you live in Bangkok, Hua Hin, or anywhere in Thailand, having a proper will can prevent family disputes and ensure your property is inherited by the right people.  

 

Why You Need a Last Will in Thailand?

 

If you do not have a last will in Thailand, your assets—including bank accounts, real estate, and personal belongings—will automatically pass to your statutory heirs according to Thai law (Civil and Commercial Code, Section 1629). This may not reflect your true wishes, especially if you want to leave property to a spouse, partner, friend, charity, or organization. Writing a last will ensures:

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- Your assets in Thailand are distributed as you choose.  

- Your loved ones avoid complex legal issues when inheriting property.  

- Disputes among family members are minimized.  

- Your estate is handled according to Thai inheritance law in a legal and transparent manner.  

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Who Can Make a Last Will in Thailand?

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In Thailand, any individual who is at least 15 years old and mentally competent can create a last will. The document must comply with Thai law to be valid. There are different types of wills in Thailand, and choosing the right one depends on your personal situation and preferences.

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Types of Last Wills in Thailand

 

There are five legally recognized types of last wills in Thailand:  

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1. Ordinary Will (Section 1656, Civil and Commercial Code) – This is the most common type of last will in Thailand. It must be written (either by hand or typed), dated, and signed in front of at least two witnesses at the same time. The witnesses cannot be beneficiaries of the will.

 

2. Holographic Will (Section 1657) – Also known as a handwritten will, this must be completely written by hand, signed, and dated by the testator. Unlike the ordinary will, no witnesses are required at the time of writing. However, if no one knows about its existence, it may be lost or challenged after the testator’s death.

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3. Public Document Will (Section 1658) – This type of will is created at the local district office (Amphur) in Thailand. The testator declares their wishes in front of a public officer and two witnesses, who will confirm the details. This method is highly secure, as the official keeps a copy on file.

 

4. Secret Document Will (Section 1660) – If the testator wants to keep their will private, they can submit a sealed document to the district office in the presence of two witnesses. The official records its existence but does not know its contents.

 

5. Verbal Will (Section 1663) – Also known as a nuncupative will, this is only allowed in emergency situationssuch as severe illness, war, or an epidemic. The testator must declare their wishes in front of at least two witnesses, who must promptly report it to a public officer. This type of will expires if the testator survives and is able to draft a proper will within one month.

 

What Happens If You Don’t Have a Last Will in Thailand?

 

If a person dies without a will in Thailand, their assets will be distributed according to Thai statutory inheritance law. The legal heirs are ranked as follows:  

 

1. Children (descendants)

2. Parents  

3. Full siblings  

4. Half-siblings  

5. Grandparents

6. Uncles and aunts

 

If there is a spouse, they are entitled to half of the estate, with the rest divided among other statutory heirs. If there are no heirs, the property goes to the Thai government.  

 

How to Ensure Your Last Will Is Valid in Thailand 

 

To avoid legal issues and ensure your last will is recognized by Thai courts:  

 

- Clearly state your wishes regarding all your assets.  

- Use witnesses who are not beneficiaries.  

- Keep your will safe and accessible to trusted individuals.  

- Consider having it registered at a district office for added security.  

- Seek assistance from a Bangkok lawyer, Hua Hin legal expert, or a Thailand law firm to ensure your will meets all legal requirements.  

 

Get Expert Legal Assistance for Your Last Will in Thailand

 

Creating a last will is one of the most important legal steps you can take to protect your assets and loved ones. Whether you are an expat in Bangkok, a retiree in Hua Hin, or a business owner in Thailand, having a well-drafted will ensures your estate is handled according to your wishes.  

 

At Mila Law, we provide expert legal services for last wills, estate planning, and inheritance law in Thailand. Our team can assist with drafting, reviewing, and securing your will, ensuring full legal compliance.  

 

📞 Contact Mila Law today to schedule a consultation with a Bangkok lawyer or Hua Hin estate planning expert and secure your future.  

 

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