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. 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. 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. 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. 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.

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. This concern is understandable, but Thai law does not work that way.

The Civil and Commercial Code Section 1694 sets out the only circumstances in which a later will cancels an earlier one. 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.

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.

How to Limit Your Thai Will to Thai Property

The key is in the drafting. 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.

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. 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.

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. 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. So technically, your British or Australian will can apply in Thailand.

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

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. Add a Thai will that expressly states it covers only property in Thailand and does not affect any other will. The two documents operate side by side because neither revokes the other and they cover different assets.

Bottom Line

Thai law fully permits a Thai will limited to Thai assets only. 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. Your Thai will should state clearly that it covers only property in Thailand and does not affect any will under another country’s law. This saves your family significant time and cost at a difficult moment, and it keeps the two estate processes cleanly separated.

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.

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.

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. 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.

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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