Succession law in Thailand plays a vital role in protecting the property rights and inheritance wishes of individuals after death. Understanding the types of wills recognized under Thai law and the legal framework governing succession is essential for both Thai nationals and foreign residents who own assets in the Kingdom. The Thai Civil and Commercial Code (CCC), Book VI (Sections 1599–1755), governs matters of succession and estate administration, including the creation, validity, and execution of wills.
This article explores the various types of wills in Thailand, the legal rules of intestate and testate succession, and the process of estate administration.
1. Overview of Succession Law in Thailand
Succession in Thailand refers to the legal process by which a deceased person’s estate—comprising assets, rights, and obligations—is transferred to heirs or legatees. The estate may include real estate, personal property, shares, intellectual property, or other forms of ownership.
There are two main forms of succession recognized under Thai law:
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Testate succession – when a valid will exists that specifies how the estate should be distributed.
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Intestate succession – when a person dies without a valid will, in which case the law determines how the estate is divided among statutory heirs.
Succession proceedings are handled by the Thai courts, often involving the appointment of an estate administrator who manages the estate according to the will or, in its absence, the provisions of the Civil and Commercial Code.
2. Types of Wills in Thailand
The Thai Civil and Commercial Code recognizes five main types of wills (or “testaments”). Each type carries specific formalities that must be observed for the document to be legally valid. Failure to follow these formal requirements may render the will void or unenforceable.
a. Ordinary Written Will (Holographic or Attested Will)
This is the most common type of will used in Thailand. It is created by the testator (the person making the will) in written form, either handwritten or typed, and signed before at least two witnesses who must also sign to confirm the testator’s signature.
Key requirements:
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Must be in writing.
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The testator must sign every page of the will.
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Two competent witnesses (aged 20 or over, not beneficiaries) must sign the will in the presence of the testator.
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The will should include the date and place of execution.
This type of will is widely used because of its simplicity and flexibility. It allows for the appointment of heirs, legatees, and an executor who will manage and distribute the estate upon death.
b. Holographic Will (Entirely Handwritten Will)
A holographic will must be entirely written, dated, and signed by the testator’s hand. It does not require witnesses, which distinguishes it from the ordinary written will.
Key requirements:
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Must be written entirely by the testator’s hand.
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Must be dated and signed by the testator.
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No witnesses are required.
While simpler, a holographic will can be risky if handwriting authenticity is disputed. However, it offers privacy and convenience for testators who prefer to keep their estate matters confidential.
c. Public Document Will
A public will (or “will made before a public officer”) is executed at a district office (Amphur) in the presence of a registrar and two witnesses. The testator orally declares their wishes to the public officer, who records them in writing. The document is then read aloud to the testator and witnesses before being signed by all parties.
Key requirements:
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The testator declares the testamentary wishes before a district officer and two witnesses.
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The district officer records the will in Thai language.
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The testator, witnesses, and officer sign the document.
This type of will is very secure because it is officially recorded by a government officer and stored safely. It is commonly used by elderly testators or those with significant assets to prevent disputes.
d. Secret Document Will
A secret will is used when a testator wishes to keep the contents of the will confidential, even from witnesses. The testator signs the will and then submits it to a district officer, declaring that the document contains their last wishes.
Key requirements:
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The will may be handwritten or typed.
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The testator signs the will and seals it in an envelope.
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The sealed document is presented to the district officer in the presence of at least two witnesses.
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The officer and witnesses sign a statement confirming the delivery and declaration.
This form of will offers strong privacy but must strictly comply with formalities; any deviation can invalidate it.
e. Oral Will (Made in Exceptional Circumstances)
An oral will is valid only under exceptional and urgent circumstances, such as imminent danger of death (e.g., war, accident, or natural disaster) when it is impossible to make a written will.
Key requirements:
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The testator must declare their wishes orally before at least two witnesses.
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The circumstances must make it impossible to create a written will.
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Witnesses must record the oral declaration as soon as possible and present it to the district officer or court.
An oral will is temporary and valid only if the testator dies under the same emergency circumstances. If the testator survives, the oral will becomes void.
3. Intestate Succession (No Will)
If a person dies without a valid will, the estate passes to statutory heirs according to the Thai Civil and Commercial Code. Heirs are grouped into six classes, and inheritance rights follow a strict order of priority.
Classes of statutory heirs:
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Descendants (children, grandchildren)
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Parents
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Brothers and sisters of full blood
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Brothers and sisters of half blood
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Grandparents
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Uncles and aunts
The surviving spouse is also a statutory heir but enjoys special rights depending on which class of heirs exists. For example:
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If the deceased leaves children, the spouse shares the estate equally with them.
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If only parents survive, the spouse takes half the estate, and the parents share the other half.
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If there are no other heirs, the spouse inherits the entire estate.
If there are no statutory heirs or spouse, the estate passes to the State.
4. Executor and Estate Administration
A will may appoint an executor—a trusted individual responsible for collecting assets, paying debts, and distributing the estate to heirs or beneficiaries. If the will does not name an executor, or if the executor is unable to serve, the court may appoint one upon petition.
The executor’s duties include:
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Locating and managing the deceased’s assets.
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Settling debts and taxes.
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Applying for probate at the Thai court.
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Distributing remaining assets according to the will or law.
Court supervision ensures transparency, especially when disputes arise among heirs or between Thai and foreign beneficiaries.
5. Wills and Foreigners in Thailand
Foreigners who own property or assets in Thailand—such as condominiums, vehicles, or bank accounts—are encouraged to make a Thai will. While a foreign will may be recognized if it meets legal requirements, a Thai-language will simplifies probate and minimizes legal delays.
Foreigners must also be aware that land ownership in Thailand is restricted, but they can inherit condominium units, lease rights, or property through a Thai spouse or company under certain conditions.
6. Revocation and Amendment of Wills
A testator can revoke or modify their will at any time before death, provided they are of sound mind. Revocation may occur by:
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Creating a new will expressly revoking prior ones.
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Physically destroying the existing will.
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Express written declaration before witnesses.
The most recent valid will supersedes all earlier versions.
7. Probate and Dispute Resolution
After death, the executor or an interested heir must apply to the Thai Court for probate to validate the will and appoint an administrator. The process includes:
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Filing a petition with supporting documents (death certificate, ID, property records, etc.).
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Notification to interested parties.
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Court hearing and issuance of a probate order.
Disputes regarding the validity of a will, interpretation, or inheritance shares are adjudicated by the Civil Court under the Thai Civil and Commercial Code.
Conclusion
Thailand’s legal framework for wills and succession provides individuals with several options for ensuring their final wishes are respected and their loved ones are protected. By understanding the five types of wills—ordinary written, holographic, public document, secret, and oral—individuals can select the form best suited to their circumstances.
Properly executed wills minimize disputes, ensure efficient estate administration, and uphold the testator’s intent. For both Thai nationals and foreigners, consulting a qualified lawyer familiar with Thai succession law is strongly advised to guarantee compliance with all formal requirements and to secure peace of mind for the future.