What Expats in Chiang Mai Need to Know Before It Is Too Late
By Aphiwat Bualoi, Attorney-at-Law, Will and Probate Specialist, Chiang Mai
I had a client whose father died in Chiang Mai. The father had a will. It was a proper English will, written by a solicitor in London who charged 500 pounds an hour. The family thought everything was covered.
It was not.
The UK will used words like “trustees” and “trust fund” and “legatees.” It was full of old English legal language. The Thai court could not understand it, even after translation. Why? Because Thailand does not have trusts. The word “trustee” has no legal meaning here. The court spent months trying to figure out what the will actually wanted. The children waited over two years to receive their inheritance.
This story is not unusual. I see versions of it regularly. A foreigner dies in Thailand with a perfectly valid will from back home. The family assumes the will takes care of everything. Then they discover that using a foreign will in Thailand is slow, expensive, and full of problems they never expected.
This article explains what actually happens when you try to use a foreign will in Thailand, and when you need a separate Thai will instead.
Yes, a Foreign Will Can Work in Thailand. But There Is a Cost.
Let me be clear about this first. Thai law does allow foreign wills. A will made in the UK, the US, Australia, Germany, or any other country can be used in Thailand. The Thai court will accept it as evidence.
But “can be used” and “works smoothly” are two very different things.
Before a foreign will has any effect on Thai assets, several things must happen. The will must be translated into Thai by a certified translator.
After all of that paperwork is done, the will goes to the Thai court. The court must decide whether the will is valid under the law of the country where it was made. The court must also check that the will does not conflict with Thai law.
This process can take anywhere from 6 to 12 months. Compare that to a Thai will, where the probate process typically takes 4 to 6 months.
The difference is not just time. It is also money. Translation fees international courier costs, and higher legal fees all add up. The family pays for all of this out of the estate while they wait.
Trust-Based Wills Do Not Work in Thailand
This is the biggest problem I see with foreign wills, and it catches Americans, British, and Australian expats completely off guard.
In common-law countries like the US, UK, and Australia, trusts are a normal part of estate planning. Many wills create a trust to hold assets for children or a spouse. The will names trustees to manage the property. This is standard practice in those countries.
In Thailand, trusts have been illegal since 1923.
Section 1686 of the Thai Civil and Commercial Code says it clearly: a will cannot create a trust. Any trust created by a will, whether directly or indirectly, has no legal effect.
This is not a grey area. The Thai Supreme Court confirmed this rule in Decision No. 862/2495 (1952). A will that ordered property to be kept as “common property” for children and grandchildren, with one heir managing it, was declared void. The court said this was an attempt to create a trust, and Thai law does not allow it.
So what happens when a UK will that creates a trust is brought to a Thai court? The court cannot enforce the trust provisions. The parts of the will that refer to “trustees,” “trust property,” or “trust fund” are meaningless under Thai law. The court has to figure out what the will actually intended, strip out the trust language, and try to apply Thai succession rules instead.
This takes time. It creates confusion. And it often produces results that the person who wrote the will never intended.
If your will from home uses trust language, and you have assets in Thailand, you have a problem. The fix is simple: make a separate Thai will for your Thai assets.
The Revocation Trap: How Two Wills Can Cancel Each Other
Here is a danger that many expats do not know about. If you make a Thai will and you already have a foreign will, one can accidentally cancel the other.
Under Thai law (Section 1710 of the Civil and Commercial Code), a later will that conflicts with an earlier will revokes the earlier will to the extent of the conflict. Many foreign legal systems have the same rule.
The problem happens when a will contains broad revocation language. Most wills start with a sentence like: “I hereby revoke all previous wills and testaments.” This is standard language in almost every country.
But think about what happens if you make a Thai will first, and then later update your will in the UK. If the new UK will says “I revoke all previous wills,” it revokes your Thai will too. Your Thai assets are now covered by the UK will, which brings you right back to the translation, legalisation, and trust problems described above.
It also works the other way. If you make a Thai will with broad revocation language, it could technically revoke your foreign will.
The solution is a jurisdiction clause. Your Thai will should include a clear statement that it applies only to assets located in Thailand. Your foreign will should include a clear statement that it does not apply to assets located in Thailand. This way, the two wills work together instead of fighting each other.
This sounds simple, but I have seen many cases where it was not done. Getting this clause right is one of the main reasons to use a lawyer when making a will in Thailand.
Does Your Thai Will Have to Be in Thai?
This is one of the most common questions I get, and there is a lot of wrong information on the internet about it.
The short answer: no, a Thai will does not have to be written in Thai. You can write a valid will in English, or in any language. Thai law does not require a specific language for a will.
However, there is a practical problem. When the will goes to the Thai court for probate, the court works in Thai. The judge reads Thai. The court documents are in Thai. If your will is in English, it must be translated into Thai before the court can process it. This adds time and cost.
The best approach is to prepare the will in both Thai and English at the same time. Both versions say the same thing. Both are signed. The Thai version goes to the court. The English version makes sure you understand exactly what your will says. If there is ever a question about meaning, the Thai version controls.
This is how I prepare wills at Aphiwat Law. Every will is bilingual. You read and approve the English version. The Thai version is ready for court.
When Do You Need a Separate Thai Will?
Not every foreigner in Thailand needs a Thai will. Here is a simple way to think about it.
You probably need a Thai will if:
You own a condominium in Thailand. You have a Thai bank account with significant funds. You own a car or motorcycle registered in Thailand. You have shares in a Thai company. You are married to a Thai national. You live in Thailand for more than six months a year.
A Thai will is usually not necessary if:
You are a short-term visitor with no Thai assets. You own only a small amount of personal belongings in Thailand. Your only Thai asset is a foreign-quota condo that you plan to sell before retirement.
A general rule: if any Thai institution (a bank, the Land Office, the Department of Land Transport) would need a court order to transfer your asset after you die, then you need a Thai will.
What a Good Thai Will Looks Like
A valid Thai will under Section 1656 of the Civil and Commercial Code must be written, dated, and signed by you in the presence of at least two witnesses. The witnesses must also sign. The witnesses cannot be beneficiaries under the will, and they cannot be the spouse of a beneficiary.
Beyond these basic legal requirements, a good Thai will for an expat should also include:
A jurisdiction clause that limits the will to assets in Thailand only. This prevents conflicts with any foreign will you may have.
A clear list of your Thai assets: bank accounts (with bank name and branch), condominium (with unit number and project name), vehicles (with registration details), and any other property.
The full name and identification details of each beneficiary. For Thai nationals, this means their Thai ID number. For foreigners, this means their passport number and nationality.
The name of your executor. This should be someone who lives in Thailand or can travel to Thailand quickly. If your executor is your brother in Manchester or your daughter in Melbourne, the probate process will take much longer because of the document legalisation requirements.
A statement about what happens if a beneficiary dies before you. Without this, the gift may simply fail, and the asset goes back into the estate for distribution under statutory rules.
The A/B/C Framework for Expat Wills
I use a simple framework when advising expat clients in Chiang Mai:
Profile A: Occasional visitor. You come to Thailand for holidays. Maybe you bought a condo as an investment. You have no Thai family. In this case, a properly prepared foreign will, with legalisation, can usually handle your Thai assets. A separate Thai will adds cost and a second probate without much benefit.
Profile B: Long-stay expat with Thai assets. You spend several months a year in Thailand. You have a bank account, maybe a condo, maybe a car. You may or may not have a Thai partner. In this case, a separate Thai will for your Thai assets is strongly recommended. It makes probate faster and cheaper for your family.
Profile C: Full-time resident with a Thai family. You live here. Your spouse is Thai. Your children may be Thai. Your life is here. In this case, a Thai will is not optional. It is essential. And it needs to be coordinated carefully with any will you have in your home country so the two documents work together.
Most of my clients in Chiang Mai are Profile B or C. For them, the cost of a Thai will is small compared to the time, money, and stress that a foreign will would cause their family during probate.
What Aphiwat Law Can Do
I prepare Thai wills for expats in Chiang Mai and throughout Thailand. Every will is bilingual (Thai and English), properly witnessed, and includes a jurisdiction clause to prevent conflicts with your foreign will. I can also review your existing foreign will to check for trust language or revocation clauses that could cause problems.
If you already have assets in Thailand and a will from home, the question is not whether your foreign will is valid. The question is whether your family will spend six months or a years dealing with the Thai court after you die.
A Thai will is the difference.
Frequently Asked Questions
Does my Thai will have to be in Thai?
No. A will can be in any language. But for practical reasons, a bilingual will (Thai and English) is the best option because the Thai court operates in Thai.
Can I write my own will in Thailand?
Yes. A handwritten (holographic) will is valid under Section 1657 of the Civil and Commercial Code if you write the entire thing by hand, date it, and sign it. No witnesses are needed. However, a handwritten will in English still needs translation for court, and small mistakes in wording can cause big problems. Professional drafting is safer.
Where should I store my Thai will?
There is no central will registry in Thailand. You can register your will at the local district office (Amphur), but this is optional. The safest approach is to keep the original with your lawyer, give a certified copy to your executor, and keep another copy at home.
Will my Thai will affect my will back home?
It can, if the Thai will includes broad revocation language like “I revoke all previous wills.” This is why the jurisdiction clause is so important. Your Thai will should say it covers only Thai assets. Your foreign will should exclude Thai assets.
Can a foreign will and a Thai will cover the same asset?
They should not. If both wills cover the same asset, there is a conflict. The court must decide which will controls, and this creates delay and legal fees. The simplest solution is to clearly divide: Thai will for Thai assets, foreign will for everything else.
How much does a Thai will cost?
Professional will drafting fees in Thailand are much lower than in Western countries. A bilingual will prepared by a qualified lawyer typically costs a fraction of what you would pay for a similar service in the UK or Australia. Contact Aphiwat Law for a specific quote based on your situation.
About the Author
Aphiwat Bualoi is a Thai attorney who specialises in wills, probate, and estate planning for expats and Thai nationals. Based in Chiang Mai, he provides bilingual will drafting, probate assistance, and cross-border estate coordination. If you have assets in Thailand and a will from home that you are not sure about, contact Aphiwat Law for a consultation.
Aphiwat Bualoi Law Office 
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