Making a Will in Thailand as a Foreigner – What You Need to Know

For many foreigners living, working, or retiring in Thailand, preparing a last

will and testament is one of the most important steps in protecting loved

ones. Without a valid will in place, your Thai assets may not be distributed

the way you intend, and your family could face unnecessary stress, delays,

and legal costs.

1. Why a Will is Essential for Foreigners in Thailand

Thai inheritance law applies to all assets located in Thailand, even if you

are not a Thai citizen.

If you pass away without a will (intestate), Thai law will determine who

inherits. This may not match your personal wishes.

Having a will ensures your property, bank accounts, vehicles, or other

assets go to the people you choose, whether a Thai partner, children, or

relatives abroad.

2. Who Can Make a Will in Thailand?

Any person over 15 years old with sound mind may create a will.Foreigners can make a will for assets in Thailand (land lease rights, condo

units, vehicles, bank accounts, etc.).

You do not need to be married or have permanent residency to make a

will.

3. Forms of Wills Under Thai Law

There are several legally recognized forms:

• Simple Written Will – handwritten, signed, and witnessed by at least

2 witnesses.

• Typed Will – typed and signed by the testator and 2 witnesses.

Most foreigners choose a typed or notarial will for clarity and enforceability.

4. The Probate Process

After death, the will must go through probate court in Thailand.

The court appoints an executor (administrator) to manage the estate.

Probate ensures debts are settled before distributing property to heirs.

If the will is in English only, the court may require certified translation. A

bilingual (Thai-English) will is strongly recommended.

5. Common Mistakes Foreigners Make

Assuming a will from another country automatically covers Thai assets

Using informal or unwitnessed wills

Not appointing an executor in Thailand

Failing to update wills after marriage, divorce, or new property

purchase6. Practical Tips for Foreigners

✔ Draft a bilingual will with legal advice

✔ Keep the original in a safe place (lawyer’s office or bank deposit)

✔ Inform your heirs and executor where the will is stored

✔ Review and update regularly, especially after life changes

Conclusion

A well-prepared will saves your loved ones time, stress, and legal battles.

For foreigners in Thailand, it is not just a legal document but also an act of

care and responsibility.

At Wendy Legal & Advisory, we assist foreigners in drafting bilingual wills,

arranging witnesses, notarization, and ensuring your wishes are legally

protected under Thai law.