Aphiwat Bualoi Law Office

What Kinds of Wills Are Legally Valid in Thailand and Do I Need Witnesses?

If you are a foreigner living in Thailand and you own property, a bank account, or any other asset here, making a valid Thai will is one of the most important legal steps you can take.1 Thai law is very specific about the forms a will must take, and a will that does not follow one of the recognized forms is completely void.2 Understanding these requirements before you sit down with a lawyer will save you time, money, and confusion.3

Why Form Matters So Much in Thai Will Law

Thai inheritance law does not give testators the freedom to write a will in any format they like.4 The Civil and Commercial Code recognizes exactly five forms of will, and a document that falls outside these five forms has no legal effect whatsoever.5 This strict approach exists because the law wants to protect both testators and heirs from fraud and misunderstanding.6 Knowing which form to choose is therefore the first decision you must make.7

Form 1: The Ordinary Written Will

The ordinary written will under Section 1656 is the form most commonly used in Thailand, and it is the one most foreign residents end up choosing when they work with a Thai lawyer.8 The document must be in writing, and typewritten text is perfectly acceptable for this form.9 The testator must sign the document in the presence of at least two witnesses who are both present at the same time.10 Those two witnesses must also sign the document at that same occasion.11 The requirement that both witnesses be present simultaneously is not a formality that courts treat lightly.12

Form 2: The Holographic Will

A holographic will under Section 1657 is a will that the testator writes entirely by hand.13 Typewritten text is not acceptable for this form under any circumstances, and even a single typewritten line can invalidate the entire document.14 The testator must write the date, including the day, month, and year, in their own handwriting, and must sign the document.15 The great advantage of this form is that no witnesses are required at all.16 A foreigner who writes carefully, includes all required elements, and keeps the document safely stored can create a legally binding will without visiting any government office.17

Form 3: The Official Document Will

The official document will under Sections 1658 to 1664 is made before the District Chief and at least two witnesses.18 The testator declares their wishes to the District Chief in oral form, the District Chief writes those wishes down, reads the written record back to the testator and witnesses, and all parties then sign.19 This form provides a high level of protection against future challenges because a government official is directly involved in the process.20 Foreigners who choose this form should bring a certified interpreter if they are not confident in their Thai language ability.21

Form 4: The Secret Will

A secret will under Sections 1660 to 1662 allows the testator to keep the contents of their will completely private.22 The testator writes the will, or has someone else write it, then seals it in an envelope and submits the sealed envelope to the District Chief in the presence of at least two witnesses.23 Nobody except the testator knows what the will says until after death.24 This form is less commonly chosen by foreign residents in Thailand because the practical administration of the estate tends to go more smoothly when the lawyer already has a copy of the will.25

Form 5: The Oral Will

An oral will under Sections 1663 to 1664 is only available in special emergency circumstances, such as when the testator is on the verge of death and has no way to use any other form.26 The testator must state their wishes in front of at least two witnesses, and those witnesses must go to the District Office as soon as circumstances allow and record what was said.27 An oral will is valid for only one month after the emergency ends, so if the testator recovers, they must make a written will before that period expires or the oral will lapses entirely.28 This form should never be relied upon as a planned estate tool.29

Wills Made Outside Thailand

A foreigner who already has a will made in their home country does not necessarily need to throw it away.30 Under Section 1667 of the Civil and Commercial Code, a will made abroad is valid for Thai assets if it complies with the law of the country where it was made, or alternatively if it complies with Thai law.31 Thai courts will also look to the Conflict of Laws Act when determining which law governs.32 That said, relying solely on a foreign will for Thai assets adds steps, translation costs, and uncertainty to the probate process, which is why most lawyers recommend also having a Thai will that covers Thai assets specifically.33

Who Cannot Be a Witness

Not everyone can serve as a witness to a will, and choosing an ineligible witness can render the entire will void.34 A person under 20 years old cannot be a witness.35 A person who is mentally incompetent cannot be a witness.36 A person who is deaf-mute or totally blind cannot be a witness.37 Critically, a person who is named as a beneficiary in the same will cannot be a witness to that will.38 This last point trips up many people who ask a family member to witness a document that also leaves property to that family member.39

Thai court decisions have helped clarify how strictly these rules are applied.40 The Supreme Court has held that as long as the witnesses do not fall into any of the prohibited categories, the will is valid even if there are other minor procedural imperfections.41 The Court has also held that a person who signs a will without writing the word “witness” next to their signature can still be a valid witness if the circumstances of the signing clearly show that they were there in a witnessing capacity.42

Practical Guidance for Foreign Residents

For most foreign residents in Thailand, the ordinary written will (Form 1) is the practical choice because it is easy to prepare, a lawyer can draft it properly, and the two-witness requirement is simple to satisfy.43 The holographic will (Form 2) is a good alternative for someone who wants a simple, low-cost option and is comfortable writing carefully in a language the Thai court can read or have translated.44 Forms 3, 4, and 5 exist to serve specific needs and should be discussed individually with a qualified Thai lawyer before choosing them.45

Whatever form you choose, keep the original will in a safe place and tell at least one trusted person where it is stored.46 A will that cannot be found at the time of death can cause the estate to be treated as if there is no will at all, which may produce a very different result from what the testator intended.47

Bottom Line

Thai law recognizes five specific forms of will, and a will outside these forms is void.48 The ordinary written will and the holographic will are the two forms most relevant to foreign residents.49 Witness eligibility rules are strict, and naming a beneficiary as a witness can destroy the gift to that person or invalidate the will entirely.50 A will made abroad can be valid for Thai assets under certain conditions, but having a dedicated Thai will almost always makes the probate process faster and cheaper.51

Frequently Asked Questions

Q: I wrote out my wishes on a piece of paper and signed it. Is that a valid will in Thailand?

A handwritten, signed document can be a valid holographic will in Thailand, but only if it meets every requirement under Section 1657 of the Civil and Commercial Code. The entire document must be written by hand with no typed or printed portions, it must include the full date written in your own hand, and you must sign it. If any portion was typed, printed, or stamped, the entire document is invalid regardless of how clearly it states your intentions.

Q: My Thai wife and I both want to make wills leaving everything to each other. Can she sign my will as a witness and I sign hers as a witness?

No. A person who is named as a beneficiary in a will is legally prohibited from also serving as a witness to that same will. If your wife signs your will as a witness and she is also a beneficiary under it, the gift to her becomes void. You and your wife each need to find two independent witnesses who are not named in either will, are at least 20 years old, and have no personal interest in the estate.

Q: I already have a will from my home country. Does that cover my condo and bank accounts in Thailand?

A foreign will can be recognised for Thai assets under Thai law if it complies with the law of the country where it was made, but relying on it alone creates practical difficulties. The probate process in Thailand will require certified translations, additional legal steps to establish the will’s validity under foreign law, and more time overall. Most lawyers advise making a separate Thai will that covers your Thai assets specifically, which keeps the Thai estate administration straightforward and faster.

Q: Can I make a valid Thai will in English, or does it have to be in Thai?

Thai law does not require a will to be written in Thai, and a will in English or another language is not automatically invalid. However, if the will needs to be presented to a Thai court for probate, a certified Thai translation will be required. Writing the will in Thai, or at least having a bilingual version prepared by a qualified lawyer, avoids translation disputes and makes the court process more straightforward.

Q: How often should I update my Thai will after I first make it?

There is no fixed legal rule requiring you to update a will on a schedule, but reviewing it any time your circumstances change significantly is sensible practice. Major life events such as acquiring new property in Thailand, the birth of children or grandchildren, the death of a named beneficiary, or a change in your relationship status are all good reasons to revisit the document. An outdated will may still be legally valid but may no longer reflect what you actually want, and inconsistencies can cause disputes among your heirs after you are gone.

References

  1. 1 CCC Section 1647; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 143.
  2. 2 CCC Sections 1648, 1705; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 143, 200.
  3. 3 Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, p. X; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15.
  4. 4 CCC Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 143.
  5. 5 CCC Sections 1648, 1705; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 200.
  6. 6 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 143; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 441.
  7. 7 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15; Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, p. X.
  8. 8 CCC Section 1656; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15.
  9. 9 CCC Section 1656; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 441.
  10. 10 CCC Section 1656; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 175.
  11. 11 CCC Section 1656; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 176.
  12. 12 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 177; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 441.
  13. 13 CCC Section 1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 181.
  14. 14 CCC Section 1657; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 447.
  15. 15 CCC Section 1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 182.
  16. 16 CCC Section 1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 183.
  17. 17 CCC Section 1657; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 447.
  18. 18 CCC Section 1658; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 185.
  19. 19 CCC Sections 1658 to 1664; Department of Provincial Administration. (2026). Operational Manual on Wills, p. 25.
  20. 20 CCC Section 1658; Department of Provincial Administration. (2026). Operational Manual on Wills, pp. 25 to 50.
  21. 21 Department of Provincial Administration. (2026). Operational Manual on Wills, p. 30; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 190.
  22. 22 CCC Section 1660; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 193.
  23. 23 CCC Sections 1660 to 1662; Department of Provincial Administration. (2026). Operational Manual on Wills, p. 55.
  24. 24 CCC Section 1660; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 194.
  25. 25 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 196; Department of Provincial Administration. (2026). Operational Manual on Wills, p. 70.
  26. 26 CCC Section 1663; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 197.
  27. 27 CCC Sections 1663 to 1664; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 20.
  28. 28 CCC Sections 1663 to 1664; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 197.
  29. 29 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 20; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 197.
  30. 30 CCC Section 1667; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 197.
  31. 31 CCC Section 1667; Conflict of Laws Act B.E. 2481, Section 40.
  32. 32 Conflict of Laws Act B.E. 2481, Section 40; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 199.
  33. 33 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 197 to 200; CCC Sections 1711 to 1713.
  34. 34 CCC Sections 1653, 1670; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 157.
  35. 35 CCC Section 1670(1); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 167.
  36. 36 CCC Section 1670(2); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 168.
  37. 37 CCC Section 1670(3); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 169.
  38. 38 CCC Section 1653; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 157 to 160.
  39. 39 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 158; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 433.
  40. 40 Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 433; Iamplubnyai, Somlak. (2022). Succession Cases (2nd ed.). Nitidham Publishing, p. 210.
  41. 41 Supreme Court Decision No. 8687 to 8688/2558; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 433.
  42. 42 Supreme Court Decision No. 4136/2529; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, pp. 434 to 435.
  43. 43 CCC Section 1656; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15.
  44. 44 CCC Section 1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 181.
  45. 45 CCC Sections 1658, 1660, 1663; Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, p. X.
  46. 46 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15; Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, p. X.
  47. 47 CCC Sections 1648, 1705; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 200.
  48. 48 CCC Sections 1648, 1705; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 143, 200.
  49. 49 CCC Sections 1656, 1657; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 15.
  50. 50 CCC Sections 1653, 1670; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 157 to 169.
  51. 51 CCC Sections 1667, 1711 to 1713; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 289 to 295.
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