Aphiwat Bualoi Law Office

Can I Make a Thai Will That Only Covers My Thai Assets?

Many foreigners living in Thailand already have a will at home, whether in the United Kingdom, Australia, or elsewhere, and they wonder whether they need a separate will for Thailand.1 The answer is yes, and making a Thai will that covers only your Thai property is both fully legal and the most practical thing you can do.2 This article explains how Thai law supports this approach and what you need to get right.

What Thai Law Says About the Form of Your Will

Thai private international law gives you a genuine choice about how to make your will.3 Under the Conflict of Laws Act B.E. 2481 (1938), a person may make a will in accordance with the law of his nationality or in accordance with the law of the country where the will is made.4 This means that if you are British, Australian, or American and you are making a will while you are in Thailand, you may follow either your home country’s formal requirements or Thai requirements, whichever you prefer.5

This freedom of form is the legal foundation that makes a Thai will limited to Thai assets fully valid.6 You are not required to use your home country’s formalities just because you are a foreign national.7

A Thai Will Does Not Cancel Your Foreign Will

One of the most common worries I hear from clients is that making a Thai will might accidentally cancel the will they already have back home.8 This concern is understandable, but Thai law does not work that way.9

The Civil and Commercial Code (CCC) Section 1694 sets out the only circumstances in which a later will cancels an earlier one.10 A later will revokes an earlier will only if it expressly says so, or if the terms of the two wills directly conflict with each other in respect of the same asset.11 Even then, the earlier will is cancelled only to the extent of the conflict, not the entire document.12

This means that a Thai will which deals only with your condominium in Chiang Mai and your Thai bank account will not affect your British will dealing with your house in London, provided the two documents do not revoke each other and do not purport to dispose of the same asset twice.13 Thai courts accept the existence of parallel wills from different countries as long as those documents are properly separated in scope.14

How to Limit Your Thai Will to Thai Property

The key is in the drafting.15 A will is simply a declaration of intention to dispose of property upon death, as stated in CCC Section 1646, and the testator is entirely free to define which property falls within that declaration.16 You do this by writing the scope into the document itself.17

Best practice is for the Thai will to state expressly that it covers only property situated in Thailand and that it does not affect any will made under the laws of another country.18 This one sentence does two things at once: it defines the scope of the Thai will, and it removes any argument that the Thai will was intended to replace your foreign will.19

Your foreign will, in parallel, continues to govern your movable property under the law of your domicile and your immovable property under the law of the country where that property is located.20 These are separate rules in the Conflict of Laws Act B.E. 2481 Sections 37 and 38, and they operate independently of your Thai will.21

Which Forms of Thai Will Work Best for This Purpose

For a Thai will that covers only Thai assets, the two most practical forms are the ordinary written will under CCC Section 1656 and the holographic will under CCC Section 1657.22 Both are widely accepted by Thai courts and the Land Department, and neither requires you to make a trip to a district office.23

The ordinary written will must be dated, signed by the testator, and witnessed by at least two witnesses who sign at the same time.24 The holographic will must be written entirely by hand by the testator, dated, and signed, with no witnesses required at all.25 Either format works well for a document that is deliberately limited in scope.26

Your Thai will can name either a Thai person or a foreigner as beneficiary of the Thai assets.27 It can also name either a Thai person or a foreigner as the estate administrator responsible for dealing with Thai courts and government agencies.28

Why a Foreign Will Alone Is Not Enough for Thai Assets

You might wonder whether you could simply rely on your existing home country will to deal with your Thai property when the time comes.29 Under CCC Section 1667, a will made in a foreign country is valid for Thai assets if it complies with either Thai law or the law of that foreign country.30 So technically, your British or Australian will can apply in Thailand.31

In practice, however, relying on a foreign will for Thai assets creates real difficulties.32 The Thai court and the Land Department cannot read a will written in English without a certified Thai translation.33 The translation must be verified, and the foreign document must be authenticated, all of which takes time and money.34 A Thai will written in Thai for Thai assets avoids every one of those steps.35

The practical savings in time and cost are significant.36 When your Thai will is already in Thai and already in the correct form, the estate administrator can go directly to the court and then to the Land Department without waiting for translations or consular authentication.37

The Risk of Getting the Drafting Wrong

One Thai Supreme Court decision illustrates why the wording matters.38 In Supreme Court Decision No. 14885/2557, the court confirmed that a later valid will can override an earlier instrument to the extent they conflict, including named beneficiary designations.39 This shows that a Thai will which is drafted carelessly, without making clear it is limited to Thai assets, could potentially be read as conflicting with your foreign will in ways you did not intend.40

The solution is straightforward: have the Thai will drafted by a Thai lawyer who understands both Thai succession law and private international law, and make sure the scope clause is clear and unambiguous.41 This is one area where saving money on legal fees can cost your family a great deal more later.42

Two Wills, One Estate, No Conflict

For most expats with assets in more than one country, the structure is straightforward: keep your home country will for home country assets, governed by the law of your domicile for movables and the law of the situs for immovables.43 Add a Thai will that expressly states it covers only property in Thailand and does not affect any other will.44 The two documents operate side by side because neither revokes the other and they cover different assets.45 This approach is consistent with both the CCC and the Conflict of Laws Act B.E. 2481, and it is the standard recommendation in Thai succession law scholarship.46

Bottom Line

Thai law fully permits a Thai will limited to Thai assets only.48 Making such a will does not cancel your home country will, provided the Thai will expressly states its limited scope and does not conflict with the foreign document.49 The ordinary written will or the holographic will under the CCC are the most practical forms for this purpose.50 Your Thai will should state clearly that it covers only property in Thailand and does not affect any will under another country’s law.51 This saves your family significant time and cost at a difficult moment, and it keeps the two estate processes cleanly separated.52

Frequently Asked Questions

Q: If I have a will from Australia or the UK, will the Thai court automatically recognise it for my condo in Chiang Mai?

Under CCC Section 1667, a foreign will is valid for Thai assets if it complies with Thai law or with the law of the country where it was made, so recognition is legally possible. The practical problem is that the Thai court and the Land Department require all documents to be in Thai, which means your English will must be professionally translated and certified before any official can act on it. This adds weeks or months to the process and increases the cost considerably, which is exactly what a purpose-made Thai will is designed to avoid.

Q: Can I write my own Thai will by hand without hiring a lawyer?

Yes. A holographic will under CCC Section 1657 requires only that the entire document, including the date and your signature, be written entirely in your own handwriting, with no typed or printed portions. There is no requirement for witnesses and no fee to pay. That said, most people who have never drafted a legal document find it worthwhile to have a Thai lawyer review a draft first, because a single formal defect can render the will invalid and leave your estate to be administered as if no will existed.

Q: I own a condo in Thailand and shares in a company back home. Do I need separate wills for each?

The standard approach for people with assets in multiple countries is to make one will in each country, each limited to the assets in that country. Your Thai will covers your Thai condo and any Thai bank accounts. Your home country will covers your shares and other foreign assets. Each will should expressly state which assets it covers and confirm that it does not affect any will made under another country’s law. This keeps the two estates cleanly separated and avoids any argument that one document was intended to override the other.

Q: What happens if my Thai will and my UK will both mention the same asset?

Under CCC Section 1694, a later will cancels an earlier one only to the extent that the two documents directly conflict over the same asset. If both wills purport to give the same condominium to different people, the later document controls for that asset. The rest of both wills remains in force. This is why the scope clause matters: if your Thai will clearly states that it covers only property in Thailand and your UK will clearly states that it covers only property outside Thailand, there is no overlap and no conflict.

Q: Do I need to register my Thai will somewhere officially to make it valid?

There is no legal requirement to register or deposit an ordinary written will or a holographic will with any government authority. The will takes effect upon death regardless of where it is kept. Many people choose to keep the original with their lawyer and give a copy to their estate administrator so it can be located quickly when needed. The one exception is an official document will made at the District Office under CCC Section 1658, which is recorded by the district itself, but that is one specific form of will and not the only valid option.

References

  1. 1 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 197.
  2. 2 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45; Chatnakrob, p. 197.
  3. 3 Sukchoti, Udom. (2001). Conflict of Laws in Wills.
  4. 4 Conflict of Laws Act B.E. 2481 Section 40; Sukchoti; Chatnakrob, p. 197.
  5. 5 Conflict of Laws Act B.E. 2481 Section 40; Sukchoti.
  6. 6 Conflict of Laws Act B.E. 2481 Section 40; Chatnakrob, p. 197.
  7. 7 Sukchoti; Conflict of Laws Act B.E. 2481 Section 40.
  8. 8 Chatnakrob, p. 142, p. 265.
  9. 9 Civil and Commercial Code (CCC) Section 1647, Section 1694-1698; Chatnakrob, p. 142, p. 265.
  10. 10 CCC Section 1694; Chatnakrob, p. 265-268; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 471.
  11. 11 CCC Section 1694; Chatnakrob, p. 265-268.
  12. 12 CCC Section 1694; Direk Udomsak, p. 471.
  13. 13 CCC Section 1694; Conflict of Laws Act B.E. 2481 Section 37-38; Sukchoti.
  14. 14 CCC Section 1694; Conflict of Laws Act B.E. 2481 Section 37-38; Sukchoti.
  15. 15 Chatnakrob, p. 197; Sukchoti.
  16. 16 CCC Section 1646; Chatnakrob, p. 131.
  17. 17 CCC Section 1646; Chatnakrob, p. 131.
  18. 18 Chatnakrob, p. 197; Sukchoti.
  19. 19 Chatnakrob, p. 197; CCC Section 1694.
  20. 20 Conflict of Laws Act B.E. 2481 Section 37-38; Sukchoti.
  21. 21 Conflict of Laws Act B.E. 2481 Section 37-38; Sukchoti.
  22. 22 CCC Section 1656-1657; Chatnakrob, p. 175-184.
  23. 23 CCC Section 1656-1657; Chatnakrob, p. 175-184.
  24. 24 CCC Section 1656; Chatnakrob, p. 175-180.
  25. 25 CCC Section 1657; Chatnakrob, p. 180-184.
  26. 26 CCC Section 1656-1657; Chatnakrob, p. 175-184.
  27. 27 CCC Section 1646, Section 1718; Chatnakrob, p. 298.
  28. 28 CCC Section 1646, Section 1718; Chatnakrob, p. 298.
  29. 29 Chatnakrob, p. 197-200; CCC Section 1667.
  30. 30 CCC Section 1667; Chatnakrob, p. 197-200.
  31. 31 CCC Section 1667; Chatnakrob, p. 197-200.
  32. 32 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45; Chatnakrob, p. 197.
  33. 33 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45.
  34. 34 CCC Section 1667; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45.
  35. 35 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45; Chatnakrob, p. 197.
  36. 36 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45; Chatnakrob, p. 197.
  37. 37 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45; Chatnakrob, p. 197.
  38. 38 Supreme Court Decision No. 14885/2557; Direk Udomsak, p. 416.
  39. 39 Supreme Court Decision No. 14885/2557; Direk Udomsak, p. 416.
  40. 40 CCC Section 1694; Chatnakrob, p. 265-268; Supreme Court Decision No. 14885/2557.
  41. 41 Chatnakrob, p. 197; Sukchoti; Conflict of Laws Act B.E. 2481 Section 40.
  42. 42 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45; Chatnakrob, p. 197.
  43. 43 Conflict of Laws Act B.E. 2481 Section 37-38; Sukchoti.
  44. 44 Chatnakrob, p. 197; Sukchoti.
  45. 45 CCC Section 1694; Conflict of Laws Act B.E. 2481 Section 37-38; Sukchoti.
  46. 46 Chatnakrob, p. 197; Conflict of Laws Act B.E. 2481 Section 37-38; Sukchoti.
  47. 48 Conflict of Laws Act B.E. 2481 Section 40; CCC Section 1646; Chatnakrob, p. 197.
  48. 49 CCC Section 1694; Chatnakrob, p. 265-268; Sukchoti.
  49. 50 CCC Section 1656-1657; Chatnakrob, p. 175-184.
  50. 51 Chatnakrob, p. 197; Sukchoti.
  51. 52 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40-45; Chatnakrob, p. 197.
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