Most expats in Phuket have a condo lease, a Thai bank account, a car, a motorbike, and personal possessions worth ฿200,000–฿2,000,000+. None of this goes to the right person automatically if you die without a will. Thai intestacy law applies to Thai-located assets — and it distributes them to statutory heirs in a specific order that may not match your wishes at all.
A will is one of those things that feels unnecessary right up until it's urgently needed. If you have a partner (married or not), children, or anyone who depends on you — or if you simply want your Thai assets to go to the right person — this guide covers everything you need to know as a foreigner in Phuket.
📋 In This Guide
Why Every Expat in Phuket Needs a Will
Thai intestacy law (Civil and Commercial Code, Book VI — Succession) distributes your Thai-located assets to your statutory heirs in a fixed order: spouse and children first, then parents, then siblings, then grandparents, then uncles/aunts. Your unmarried partner gets nothing under intestacy — they have no legal standing. Your common-law partner of 10 years gets zero. Your long-term Thai girlfriend or boyfriend gets zero.
This is the most important thing to understand. If you are not legally married, your partner has no automatic inheritance rights under Thai law regardless of how long you have been together. Without a will naming your partner as beneficiary, your Thai assets go to your statutory heirs — often family members in your home country who may have had no meaningful relationship with you for years.
Every expat with any assets in Thailand should have a Thai will. Full stop. It costs ฿10,000–฿25,000 with a lawyer, takes a few hours, and removes a catastrophic amount of administrative and emotional complexity from an already difficult situation.
Types of Thai Will
Thai law (Civil and Commercial Code Sections 1655–1672) recognises six types of will. The two relevant to most Phuket expats are the holographic will and the public will.
| Will Type | How Made | Pros | Cons | Expat Use |
|---|---|---|---|---|
| Holographic Will | Entirely handwritten + signed by testator; no witnesses required | Simple; free; private | Easy to challenge; no official record; language issues | Possible but risky for foreigners |
| Document (Witnessed) Will | Typed/written; signed before 2 witnesses simultaneously | Standard; clear; can be in English | Witnesses must be present; not officially registered | Most common for expats |
| Public Will | Made before District Officer (Nai Amphoe) at Amphoe office | Officially recorded; very hard to challenge | Time at Amphoe; Thai language; slight cost | Best for larger estates |
| Secret Will | Sealed document witnessed before official | Private | Complex; rarely used | Uncommon |
| Foreign Will | Made abroad per foreign law | Consolidation with home country will possible | Must comply with Thai Private International Law; may face challenges | Possible; get legal advice |
What a Thai Will Can Cover
Condo Unit
Foreigners can own condo units freehold (within the 49% foreign quota). A Thai will can name the beneficiary of a condo unit. FET documentation must be available for transfer. The beneficiary must also comply with the 49% quota rules.
Thai Bank Accounts
KBank, Bangkok Bank, SCB accounts can be distributed by will. Thai banks require probate/court order for release of deceased's funds. A will makes this process significantly faster and clearer.
Vehicle (Car/Motorbike)
Vehicles registered in Thailand can be left by will. Transfer requires Land Transport Office process. A will naming the beneficiary simplifies this considerably.
Personal Property
Jewellery, art, electronics, furniture, contents of your home. A will can specify who receives these. Without a will, family members may dispute division.
Long-Term Lease Interest
A 30-year leasehold property interest can be left by will if the lease agreement permits assignment. Check your lease terms — some leases contain assignment clauses, others do not.
Thai Company Shares
If you own shares in a Thai company (including nominee structures — consult a lawyer on restructuring risk), these can be named in a will. Thai company succession is complex — specialist legal advice essential.
Foreigners cannot own land (ที่ดิน) freehold in Thailand. A Thai will cannot transfer land ownership to a foreign national. If a foreign testator owns shares in a Thai company that holds land, this is a complex legal structure with significant risks — get specialist legal advice both for estate planning and for the land-holding structure itself.
How to Make a Thai Will in Phuket — Step by Step
Take an inventory of Thai assets
List all Thai-located assets: condo unit and chanote deed number, Thai bank accounts (bank + account number + balance estimate), vehicles (registration plates and chassis numbers), personal property of value. This forms the basis of your will's schedule of assets.
Decide on beneficiaries and executor
Name your beneficiaries clearly (full name, nationality, passport number, date of birth). Name an executor (ผู้จัดการมรดก) — the person who will administer your estate. This can be a beneficiary or a third party (e.g. a lawyer). The executor must be a Thai resident or have legal standing in Thailand.
Instruct a Thai lawyer
Engage a Phuket-based lawyer with estate experience. Provide your asset inventory and beneficiary details. The lawyer drafts the will in Thai (and usually a parallel English version). Review carefully — make sure the asset descriptions are accurate and beneficiary details are correct. Cost: ฿10,000–฿25,000 for a standard document will.
Sign before two witnesses simultaneously
For a document (witnessed) will: you must sign in the presence of two witnesses, who sign simultaneously. Witnesses must be present at the same time and both sign. Witnesses cannot be beneficiaries under the will. The lawyer typically provides two members of staff as witnesses.
Optional: Register at Amphoe
For a public will: visit the Amphoe Mueang Phuket (3 Narisara Road, Phuket Town — 076-212-120). The will is made before the District Officer and officially registered. This creates an official record and makes the will very difficult to challenge. Some cost applies (small government fee). Requires Thai translation of your will and passport.
Store safely and inform executor
Keep the original will in a safe place — safety deposit box at your Thai bank, with your lawyer, or at home in a fireproof safe. Give a copy to your executor. Tell your executor where the original is. Update your will whenever your asset situation or beneficiaries change.
Do You Also Need a Home Country Will?
A Thai will governs Thai-located assets. If you have assets outside Thailand — property in your home country, home-country bank accounts, investments, pension funds, life insurance policies — your Thai will does not cover these. For most Phuket expats, a two-will strategy is appropriate:
- Thai will — governs all Thailand-located assets
- Home country will — governs all assets in your home country
The two wills should be carefully drafted to avoid conflict. Include a clause in each will specifying the jurisdiction it covers and stating it does not revoke any will made in the other jurisdiction. A blanket "I revoke all prior wills" clause in a new will can inadvertently revoke the other country's will — always use jurisdiction-specific revocation clauses.
When you instruct a Thai lawyer to draft your Thai will, simultaneously instruct a lawyer in your home country to update your home will. Coordinate the drafts to ensure they complement each other and don't conflict. Some international law firms (with offices in both Thailand and your home country) can manage both simultaneously.
Thai Inheritance Tax
Thailand introduced inheritance tax under the Inheritance Tax Act 2015, effective from 1 February 2016. The tax applies to inherited assets received in Thailand:
| Heir Relationship | Exemption Threshold | Tax Rate Above Threshold |
|---|---|---|
| Direct descendants (children, grandchildren) | ฿100,000,000 | 5% |
| Ascendants (parents) | ฿100,000,000 | 5% |
| Spouse | Exempt | 0% |
| Other relatives (siblings, nephews, etc.) | ฿10,000,000 | 10% |
| Unrelated heirs | ฿10,000,000 | 10% |
For the vast majority of Phuket expats — a condo worth ฿3–10 million, Thai bank accounts with ฿200,000–฿1,000,000, personal property — the estate will fall well below the ฿10 million threshold for non-relatives and the ฿100 million threshold for direct descendants. Thai inheritance tax is unlikely to be a significant issue for most expats.
Dying Without a Will — Thai Intestacy Rules
If you die in Phuket without a will, your Thai assets are distributed under Thai intestacy law (Civil and Commercial Code Section 1629) to your statutory heirs in this order:
| Class | Heirs | Note |
|---|---|---|
| 1 | Descendants (children, grandchildren) | Share equally per stirpes |
| 2 | Parents | Only if no descendants |
| 3 | Brothers and sisters (full and half) | Only if no Class 1 or 2 |
| 4 | Half-siblings | — |
| 5 | Grandparents | — |
| 6 | Uncles and aunts | — |
| Spouse | Surviving legal spouse | Concurrent with Class 1–3 in varying shares |
| Unmarried partner | Nothing | No intestacy rights whatsoever |
Finding a Will Lawyer in Phuket
Several Phuket law firms handle foreign estate planning and Thai wills. When choosing a lawyer, confirm they have experience with foreign wills, can provide bilingual (Thai + English) documentation, and understand the coordination requirements between Thai and foreign estate planning. Typical fees:
- Basic document will: ฿10,000–฿20,000
- Amphoe-registered public will: ฿15,000–฿30,000 (including government fees)
- Complex estate (company shares, multiple properties): ฿30,000–฿80,000+
- Annual storage/review retainer: ฿3,000–฿10,000/year
The Phuket Expat Guide Service Directory includes vetted legal professionals in Phuket. Always verify a lawyer's qualifications with the Thai Lawyers Council before engaging for estate matters. [AFFILIATE_VISA_AGENT]