Types of Thai Will and Succession

In Thailand, the preparation of a Last Will and Testament plays a crucial role in ensuring that a person’s assets are properly distributed according to their wishes after death. The Thai Civil and Commercial Code (CCCT) governs matters of inheritance, succession, and the legal procedures involved in the creation and execution of wills. Understanding the types of wills and succession methods under Thai law is essential for anyone living in Thailand or owning property there. This article will explain the various types of wills and how succession is handled in Thailand.

Importance of Having a Will in Thailand

A will in Thailand ensures that the testator’s assets are allocated according to their preferences, rather than following the standard legal order of inheritance under Thai law. Without a will, the deceased’s estate is distributed to statutory heirs based on fixed proportions, which may not always reflect personal wishes. Drafting a will prevents disputes among heirs, simplifies probate procedures, and allows individuals to appoint an executor and guardians for minor children.

Types of Thai Wills

Thailand recognizes several legally valid forms of wills under Section 1655 of the Thai Civil and Commercial Code. The types of wills vary based on the method of execution, and each has its own legal requirements.

1. Ordinary Written Will (Holographic Will)

This is the most common form of will in Thailand, where the testator writes down their last wishes by hand, including:

• Writing the entire will in their own handwriting.

• Including the date of writing.

• Signing the will by themselves.

This type of will does not require witnesses. Its simplicity makes it popular among both Thai nationals and foreigners. However, if the handwriting is unclear or disputed, legal challenges may arise.

2. Public Document Will (Notarial Will)

A public document will involves official registration with the District Office (Amphur) and is:

• Declared before a public officer, usually a district officer.

• Recorded by the officer in the presence of at least two witnesses.

• Signed by the testator, witnesses, and the officer.

This method is considered highly secure and less susceptible to forgery or dispute since it is an official public record. It is commonly used for large estates or individuals who prefer legal oversight.

3. Secret Document Will

This type of will maintains privacy while still being officially recorded. The process involves:

• The testator preparing a sealed document containing their will.

• Presenting it to a public officer in the presence of at least two witnesses.

• The officer certifying the delivery and sealing of the document.

The content remains confidential until opened after the testator’s death. Although less common, it balances privacy with legal recognition.

4. Oral Will (Made in Exceptional Circumstances)

Thai law allows oral wills only under urgent and exceptional situations, such as imminent death, war, or life-threatening emergencies. Requirements include:

• The declaration must be made before at least two witnesses.

• Witnesses must be able to confirm the contents in court if necessary.

• Oral wills are valid only if no other written wills exist or can be made in the given situation.

This type of will is valid for a limited time and is generally discouraged unless absolutely necessary.

5. Will by Privileged Persons

Certain individuals, such as military personnel during wartime, are permitted to make wills under special conditions without strict formalities. This category recognizes:

• Military personnel on active duty during war.

• Mariners on duty aboard ships.

Their wills may be made orally or in other informal ways recognized by law due to the nature of their circumstances.

Types of Succession in Thailand

Succession in Thailand is divided into two main categories: testate succession and intestate succession.

1. Testate Succession

Testate succession applies when the deceased has left a valid will. The executor follows the directions in the will to distribute assets. In this case:

• Assets are divided according to the will, which may include both movable and immovable properties.

• Executors, guardians, and beneficiaries are clearly identified.

• Special conditions or specific bequests can be included by the testator.

Testate succession provides more control over how assets are divided and ensures that personal wishes are respected.

2. Intestate Succession

If a person dies without a valid will, intestate succession applies. The Thai Civil and Commercial Code specifies six classes of statutory heirs who inherit in the following order of priority:

1. Descendants (children, grandchildren)

2. Parents

3. Brothers and sisters of full blood

4. Brothers and sisters of half-blood

5. Grandparents

6. Uncles and aunts

The surviving spouse is considered a statutory heir but receives inheritance alongside other heirs according to specific proportions. For example:

• If there are children and a spouse, the spouse receives half, and the children share the other half.

• If there are no children but parents, the spouse shares equally with the parents.

If no statutory heirs exist, the estate passes to the state.

Succession of Foreigners’ Property in Thailand

Foreigners who own property in Thailand should understand local inheritance rules:

• Foreigners can draft a will under Thai law or their national law.

• Immovable property (like land or condominium units) is subject to Thai inheritance laws.

• Foreigners’ heirs may inherit condos, but restrictions apply for land ownership.

It is highly advisable for expatriates to prepare a will in Thailand to ensure compliance with local laws and to avoid complications for their heirs.

Conclusion

Thailand offers several types of wills, each with its own benefits and suitability depending on personal circumstances. From handwritten wills to formal public documents and even emergency oral declarations, the Thai legal system provides flexibility for individuals to plan their succession. Understanding the distinction between testate and intestate succession helps ensure that personal wishes are honored and inheritance disputes are minimized.

Proper estate planning, including drafting a will and consulting a qualified legal professional, can provide peace of mind and financial security for loved ones. Whether you are a Thai national or a foreigner with assets in Thailand, taking the time to understand your succession options is a wise and responsible decision.