Do Foreigners in Thailand Need a Thai Will If They Already Have One at Home?

Many foreigners who own a condo or hold a bank account in Thailand already have a will in their home country.¹ A common question I receive from clients in Chiang Mai and Bangkok is whether that home-country will is enough to cover their Thai assets, or whether they need a separate Thai will as well.² The short answer is that a separate Thai will for Thai assets is not legally required, but it is the practical choice for almost everyone.³ This article explains why, using the actual rules that apply to Thai estate planning for foreigners.⁴

Which Country’s Law Governs Which Asset?

The starting point is Thailand’s Conflict of Laws Act B.E. 2481.⁵ This law decides which country’s law applies when an estate has assets in more than one country.⁶

For immovable property, the rule is clear.⁷ Section 37 states that the inheritance of immovable property is governed by the law of the country where the property is located.⁸ This means that if you own a condo unit in Chiang Mai, Thai law governs what happens to that condo after your death, regardless of your nationality or where your will was written.⁹ Your home-country will cannot override this rule.¹⁰

For movable property, such as bank accounts, shares, and cash, Section 38 says the law of your domicile at the time of death applies.¹¹ If you lived in Thailand long enough to be considered domiciled here, Thai law will also apply to your bank accounts.¹² If your domicile remained in your home country, your home country’s law may apply to those accounts instead.¹³

Can Your Home-Country Will Cover Thai Property?

The answer depends on whether the document meets the form requirements accepted in Thailand.¹⁴ Section 40 of the Conflict of Laws Act allows a person to make a will either in the form required by their nationality or in the form required by the country where the will was made.¹⁵ This means a will made in the United Kingdom, Australia, or Germany can be valid in Thailand if it follows the formalities of that country.¹⁶

Thailand’s own Civil and Commercial Code, Section 1648, adds that a will must be made in one of the forms prescribed by law, or it is void.¹⁷ Thailand accepts the forms set out in Sections 1655 to 1672 of the Code, and Section 1667 specifically confirms that a will made abroad is valid if it complies with either Thai law or the law of the country where it was made.¹⁸

So your British or American will is not automatically invalid in Thailand.¹⁹ But there is an important practical obstacle that changes the calculation for most people.²⁰

The Practical Problem: Thai Courts and Land Offices

Even if your foreign will is legally valid under Thai conflict-of-laws rules, you cannot simply hand it to the Thai Land Office or a Thai bank.²¹ The Office of the Attorney General’s guide for estate administration explains that any foreign will submitted to Thai authorities must be filed with the Thai court, and the heirs must obtain a court order recognizing the document before any property transfer can proceed.²²

Thai courts and government offices require that documents submitted to them be in Thai, or that they be accompanied by a certified translation.²³ A foreign will in English, German, French, or any other language must first be translated by a certified translator, and the translation must be notarized or certified to a standard the court accepts.²⁴ This process adds time and cost to an estate that is already dealing with the loss of a family member.²⁵

The testamentary capacity of the person who made the will is also assessed under the law of their nationality at the time the will was made, per Section 39 of the Conflict of Laws Act.²⁶ If there is any dispute about whether the person had the mental or legal capacity to make a will, the Thai court must look at foreign law to resolve that question.²⁷ This makes litigation more complicated and more expensive.²⁸

The effect and interpretation of the will, including questions of its invalidity, are governed by the law of the testator’s domicile at the time of death under Section 41.²⁹ So if questions arise about how a clause should be read, or whether the will was revoked by a later marriage under the home-country law, the Thai court may need expert evidence on foreign law.³⁰

A Thai Will Does Not Cancel Your Home-Country Will

One thing that worries clients is the idea that making a Thai will might invalidate their will back home.³¹ Under the Conflict of Laws Act, Sections 37 and 38, the two documents operate in separate spheres.³² A Thai will that covers your condo and Thai bank account does not cancel or affect your home-country will covering your house, pension, or investments abroad.³³ The two wills work alongside each other, each covering the assets in its own country.³⁴

The key is to draft each will carefully so that neither document accidentally purports to revoke the other.³⁵ A standard revocation clause such as “I revoke all former wills” can cause serious problems if it appears in your Thai will, because a Thai court might read it as revoking the foreign will as well.³⁶ A properly drafted Thai will for Thai estate planning should limit its scope to assets in Thailand only.³⁷

Why a Separate Thai Will Is the Safer Choice

Making a Thai will that covers only your Thai assets removes nearly all of the practical obstacles described above.³⁸ The document is already in Thai, follows Thai form requirements, and can go directly to the Thai court for a probate order without any translation step.³⁹ The heirs do not need to hire a foreign lawyer, obtain certified translations, or prove the validity of a document issued in another country.⁴⁰

Academic commentary on Thai succession law confirms that the most straightforward approach for a foreigner with Thai property is to have a Thai will limited to those assets, so that the Thai probate process can move forward without the extra burden of a foreign document.⁴¹ The Office of the Attorney General’s guide for public estate administration reaches the same conclusion from the practical administration side.⁴²

The situation is different from condo inheritance Thailand cases where the foreigner left no will at all, which I cover in a separate article on dying intestate in Thailand.⁴³ But even compared to having a well-drafted foreign will, a Thai will speeds up the process and reduces the risk of error or dispute.⁴⁴

Bottom Line

A foreign will can be legally valid for Thai assets, but making it work in practice requires a court filing, certified translations, and potentially expert evidence on foreign law.⁴⁵ A Thai will covering your Thai condo and bank accounts costs relatively little to prepare and removes all of those obstacles.⁴⁶ It does not cancel your home-country will, and the two documents together give your family a clear, efficient path for settling your estate on both sides of the world.⁴⁷

Frequently Asked Questions

Q: I already have a valid will in my home country. Do I legally have to make a new one in Thailand?

No, Thai law does not require you to make a separate Thai will. Under Section 40 of the Conflict of Laws Act B.E. 2481 and Section 1667 of the Civil and Commercial Code (CCC), a foreign will that meets the formal requirements of the country where it was made can be legally valid in Thailand. However, practically speaking, your family will face significant extra steps to use that foreign will here, including certified translations, court filings, and a waiting period before any property can be transferred.

Q: How long does it actually take to use a foreign will in the Thai courts, compared to a Thai will?

There is no fixed timeframe in the law, but practitioners and the Office of the Attorney General consistently note that a foreign will adds substantial time to the Thai probate process. Your heirs will need to obtain a certified Thai translation, file the will with a Thai court, and wait for a court order before any Land Office or bank will act. A Thai will in proper form can go through the same court process without the translation step, which removes one of the main sources of delay.

Q: Will making a Thai will cancel or conflict with my UK, US, or Australian will?

It will not, as long as both wills are drafted carefully. Under Sections 37 and 38 of the Conflict of Laws Act B.E. 2481, the two documents operate in separate legal spheres: one governs your Thai assets, the other governs your overseas assets. The critical point is that your Thai will must not contain a blanket revocation clause such as “I revoke all prior wills,” because a Thai court could read that as cancelling your foreign will as well. A properly prepared Thai will should expressly state that it covers only assets located in Thailand.

Q: I own both a condo and a Thai bank account. Does the same rule apply to both?

Not exactly. Your condo is immovable property, so Section 37 of the Conflict of Laws Act B.E. 2481 requires Thai law to govern its inheritance regardless of what your foreign will says. Your bank account is movable property, so under Section 38 the governing law depends on where you were domiciled at the time of your death. If you had lived in Thailand long enough to be considered domiciled here, Thai law would govern the bank account too. If you remained domiciled in your home country, that country’s law could apply to the account instead.

Q: What does a Thai will actually cost, and where do I get one made?

Costs vary by law firm and the complexity of your estate, but a straightforward Thai will prepared by a licensed Thai lawyer typically costs far less than one round of translation and court filing fees for a foreign will. The will must be made in one of the forms recognized by Sections 1655 to 1672 of the CCC. The most common form used by foreigners is the witnessed will, which requires two witnesses present at the signing. You can have the will prepared at any Thai law firm; some notarial services and some district offices can also assist with certain will forms.

References

¹ Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4 (Revised 2024 Edition): Property, Succession. Jurisprudence Group, p. 323.
² Office of the Attorney General. (2022). Handbook on Estate Administration for the Public. Office of the Attorney General, p. 30.
³ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 197.
⁴ Sukchoti, Udom. (2001). Conflict of Laws in Wills, Introduction.
⁵ Conflict of Laws Act B.E. 2481.
⁶ Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 1-5.
⁷ Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 10.
⁸ Conflict of Laws Act B.E. 2481, Section 37: “Succession in respect of immovable property shall be governed by the law of the country where the property is situated”; Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 10.
⁹ Conflict of Laws Act B.E. 2481, Section 37; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 10-12.
¹⁰ Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 12.
¹¹ Conflict of Laws Act B.E. 2481, Section 38; Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 15.
¹² Conflict of Laws Act B.E. 2481, Section 38; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 323.
¹³ Conflict of Laws Act B.E. 2481, Section 38; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 15-16.
¹⁴ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 197.
¹⁵ Conflict of Laws Act B.E. 2481, Section 40; Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 20.
¹⁶ Conflict of Laws Act B.E. 2481, Section 40; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 20-22.
¹⁷ Civil and Commercial Code (CCC), Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 143.
¹⁸ CCC, Section 1667; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 197.
¹⁹ Conflict of Laws Act B.E. 2481, Section 40; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 197.
²⁰ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 30.
²¹ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 30-31.
²² Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 30-35.
²³ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 31.
²⁴ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 31-32.
²⁵ Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 323.
²⁶ Conflict of Laws Act B.E. 2481, Section 39; Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 18.
²⁷ Conflict of Laws Act B.E. 2481, Section 39; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 18-19.
²⁸ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 32-33.
²⁹ Conflict of Laws Act B.E. 2481, Section 41; Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 23.
³⁰ Conflict of Laws Act B.E. 2481, Section 41; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 23-25.
³¹ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 197-198.
³² Conflict of Laws Act B.E. 2481, Sections 37-38; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 15-16.
³³ Conflict of Laws Act B.E. 2481, Sections 37-38; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 198.
³⁴ Sukchoti, Udom. (2001). Conflict of Laws in Wills, p. 16.
³⁵ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 198-199.
³⁶ CCC, Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 143 and 199.
³⁷ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 199-200.
³⁸ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 32.
³⁹ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 32-33.
⁴⁰ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 33.
⁴¹ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 197-200.
⁴² Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 32.
⁴³ Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 371.
⁴⁴ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 200.
⁴⁵ Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, pp. 30-35; Sukchoti, Udom. (2001). Conflict of Laws in Wills, pp. 20-25.
⁴⁶ Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 197-200; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 32.
⁴⁷ Conflict of Laws Act B.E. 2481, Sections 37-38; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 197-200.