A foreigner can make a valid will in Thailand, and a will made at home can also be valid there. Thai law offers several forms; the simplest is a dated, signed will made before two witnesses who sign at the same time, or a will written entirely in your own hand, which needs no witnesses at all. A witness, and a witness's spouse, must never be a beneficiary.
Planning matters most if you own something in Thailand: a condo, a car, a Thai bank account, or a share in a house with a Thai partner. Thai law decides what happens to Thai property, and your heirs will have to deal with Thai offices in Thai. A clear will does not remove all of that work, but it settles who gets what. This page explains the rules as the Civil and Commercial Code and the Act on Conflict of Laws state them (in English translation, checked October 2026). It is general information, not legal advice: for your own estate, use a lawyer qualified in Thai law, and one in your home country too if you own property there.
Wills in Thailand at a glance (October 2026)
- Law
- Civil and Commercial Code, Book VI (Succession); Act on Conflict of Laws B.E. 2481 (1938)
- Ordinary written will
- In writing, dated, signed before two witnesses present together (section 1656)
- Handwritten will
- Text, date and signature all in your own hand; no witnesses needed (section 1657)
- Public will
- Declared before the district officer (Nai Amphoe) and two witnesses (section 1658)
- Who may not inherit under it
- The writer of the will and the witnesses, and their spouses (section 1653)
- Thai land and condos
- Succession follows Thai law, whatever your nationality (Conflict of Laws Act, section 37)
Is my will from home valid in Thailand?
As to its form, often yes. Section 40 of the Act on Conflict of Laws says a will may be made in the form allowed by the law of the testator's nationality, or by the law of the country where it is made. A will drawn up correctly in Norway, Britain or Singapore can therefore be formally valid in Thailand.
Form is only one question, though. The same Act splits property in two. Succession to immovable property, such as a condo unit or land, is governed by the law of the place where it lies, so Thai law decides who inherits a Thai condo (section 37). Succession to movable property, such as money in a bank account, follows the law of your domicile at death (section 38). How a will is interpreted and what effect it has also follows the law of your domicile at death (section 41). If you live in Thailand, your domicile may well be Thai, which brings more of the estate under Thai law than many people expect. Domicile is a legal concept and not the same as the 180-day test in our page on tax residency, nor the same as being listed in a yellow house book. Ask your lawyer where your domicile is before you rely on either.
A home-country will also brings practical problems in Thailand: it will need translating, and your heirs may need a Thai court to recognize the person who administers the estate. One option to discuss with a lawyer is a separate Thai will that covers only your Thai assets, alongside a home will for the rest. If you do that, make sure neither will cancels the other by accident; that is a drafting point for a lawyer.
The Thai will forms
Section 1655 of the Code says a will can be made only in one of the forms the law lists. These are the ones a foreign resident is likely to consider:
| Form | What the Code requires | Points to note |
|---|---|---|
| Ordinary written will (s. 1656) | In writing, dated, signed by you before at least two witnesses present at the same time, who sign then and there | The most common form; can be typed |
| Handwritten (holograph) will (s. 1657) | Entire text, date and signature in your own handwriting | No witnesses needed; a typed text does not qualify |
| Will as a public document (s. 1658) | Declared to the district officer (Nai Amphoe) in front of at least two witnesses | Can be made outside the office on request (s. 1659) |
| Secret will (s. 1660) | A sealed document produced to the district official and two witnesses | The contents stay private |
| Oral will (s. 1663) | Only in imminent danger of death, an epidemic or war, before two witnesses | Lapses one month after the danger ends (s. 1664) |
The district office does not disclose a public or secret will while the testator is alive (section 1662). That privacy is one reason some people choose those forms. We could not confirm the current district-office fee for a public will, so ask the amphoe in advance.
The Code does not require a lawyer or notary for an ordinary written will. What it does require, it requires strictly: the date, your signature and two witnesses together in the room. In practice most foreigners still use a lawyer, because a will that fails on form helps no one.
Choosing witnesses, and who must not be one
The witness rule catches families out. Under section 1653, the person who writes the will and every witness to it cannot receive anything under that will, and the same applies to their spouses. If your Thai partner witnesses the will that leaves them your condo, the gift fails.
Section 1670 also excludes some people as witnesses: anyone who is not of full legal capacity, a person of unsound mind or declared quasi-incompetent, and anyone deaf, dumb or blind. Choose two adults with no interest in the will, such as colleagues or staff at your lawyer's office, and make sure both are present when you sign. If you cannot sign, a fingerprint is the only allowed substitute, and two witnesses must certify it (section 1665).
Never let a beneficiary witness your Thai will. Section 1653 makes the gift to a witness, or to the witness's husband or wife, fail. Use witnesses who receive nothing, and keep a note of their names and contact details with the will.
A condo in your name
Because Thai law governs succession to Thai immovable property, a condo you own will pass under Thai rules. A will lets you say who should receive it. What it cannot do is change the ownership rules, so ask a lawyer how the building's foreign quota applies if your heir is a foreigner. Our guide to buying a condo as a foreigner explains the 49% quota and the transfer costs; this page does not repeat them.
Name the unit precisely in the will: the building, the unit number and the title deed number. Keep the original title deed and a copy of your passport with your papers, and tell your executor where they are.
Bank accounts and money
A Thai bank will not hand money to a relative simply because they hold the will. We could not verify from a bank or the Bank of Thailand exactly what each bank asks for, so ask your own branch what an heir or administrator would need to produce, and write the answer down for your family. Our page on opening a Thai bank account covers the account side while you are alive.
Money is movable property, so under section 38 the law of your domicile at death governs who inherits it. Your family may need money quickly for a funeral or repatriation before any estate is settled, so ask your lawyer how they could reach funds in time, and keep insurance details where your family can find them.
Naming an administrator of the estate
A will can appoint the person who administers your estate. The English translation of the Code calls this person the administrator; many foreigners say executor. Section 1649 gives the administrator you appoint the power and duty to arrange your funeral, unless you name someone else for that task. If no one is appointed, the duty falls on the person who receives the most property by will or by law, unless a court appoints someone else.
Choose someone who will be in Thailand, or who can get there, and who can deal with Thai offices. Whether a court order is needed to confirm the administrator depends on the estate and on what banks and the land office ask for; that is a question for your lawyer. Our guide to what happens when someone dies in Thailand covers what your family will face in the first days and weeks, from the death certificate to the embassy.
Practical steps to take now
- List your Thai assets: condo or house, bank accounts, vehicles, insurance policies and any money owed to you.
- Decide whether one will covers everything or you need a Thai will for Thai assets and a home will for the rest.
- Choose an administrator, and someone to arrange the funeral if that should be a different person.
- Use two independent witnesses who receive nothing under the will.
- Keep the original safe, give your administrator a copy, and tell your family where the original is, together with your health insurance policy and your embassy's contact details.
- Review the will after a marriage, a divorce, a property sale or a move.
If you are married to a Thai citizen, marital property rules also affect what is yours to leave; our page on marrying a Thai citizen explains the legal side of the marriage, and a lawyer can explain how it interacts with your will. Retirees can also check our guide to life certificates and foreign pensions, since pension agencies need to be told about a death as well.
Frequently asked questions
Does a will in Thailand have to be made by a lawyer?
No. The Code requires an ordinary written will to be in writing, dated and signed before two witnesses present at the same time, and a handwritten will needs no witnesses. A lawyer helps avoid mistakes in form and drafting, but is not a legal requirement.
Can my Thai partner witness my will?
They can sign, but if the will leaves them anything, the gift fails. Section 1653 says a witness, or the witness's spouse, cannot receive property under the will they witnessed. Choose two witnesses who receive nothing.
Is a will made in my home country valid in Thailand?
Its form can be valid: the Act on Conflict of Laws accepts a will made in the form of the testator's nationality law or of the place where it was made. Thai law still decides who inherits Thai land and condos, and translation and court steps may be needed.
Can a will be written in English in Thailand?
The Code's form rules do not name a language. In practice a will in English will need translating for Thai offices and courts. Ask your lawyer whether to make a bilingual Thai and English will, and which version prevails if they differ.
Who arranges my funeral if I die in Thailand?
Under section 1649, the administrator of the estate you appointed, unless you named someone else for the funeral. Without either, the person receiving the most property by will or by law has that duty, unless a court appoints someone else.
Sources
- Thailand Law Library – Civil and Commercial Code, Wills (sections 1655-1672), English translation (checked October 2026)
- Thailand Law Library – Civil and Commercial Code, Wills (sections 1646-1654), English translation (checked October 2026)
- Wikisource – Act on Conflict of Laws, B.E. 2481, English translation (checked October 2026)