Nobody wants to think about estate planning. I get it — you're in Phuket, the weather is warm, the food is incredible, life is good. But I've sat across the table from expat retirees here who were scrambling after a spouse died unexpectedly, with no Thai will, assets frozen in Thai probate, and a family overseas trying to navigate a foreign legal system in a language they don't speak. It's a mess that is entirely preventable.
Estate planning as a Phuket retiree is more complex than it would be back home, for one simple reason: you likely have assets in two jurisdictions — Thailand and your home country. Each requires separate legal arrangements, and the two systems don't automatically talk to each other. This guide walks you through what you need, what it costs, and what happens if you don't bother.
🔑 Key Estate Planning Facts for Phuket Retirees
- Thai will: Separate from your home country will — covers Thai-situated assets only
- Condo inheritance: Foreigners can inherit Phuket condos subject to the 49% foreign quota rule
- Intestate succession: Without a will, Thai law determines who gets what — often a lengthy court process
- Power of attorney: Essential if you become incapacitated — someone needs authority to manage Thai affairs
- Thai bank accounts: Often frozen on death; having a co-account holder or clear succession plan helps
- Cost of a Thai will: Typically 5,000–15,000 THB — far less than the cost of dying without one
Why a Thai Will Is Non-Negotiable
Your home country will does not automatically govern your assets in Thailand. Thai succession law applies to assets situated in Thailand — your condo, your bank accounts, your vehicle. Without a valid Thai will, those assets pass under Thailand's intestate succession rules (set out in the Civil and Commercial Code), which may not align with your wishes at all.
The Thai probate process without a will typically takes one to three years and requires court proceedings in Thailand. Your overseas beneficiaries will need to appoint a Thai lawyer, obtain certified translations of foreign documents, and navigate a system conducted in Thai. Even with a valid will, probate takes time — but it is dramatically faster and cheaper.
A British retiree I know in Rawai died suddenly at 71 with no Thai will. His partner (unmarried, not a legal heir under Thai law) had no right to the condo they'd shared for eight years. The assets went to his adult children in the UK, who'd never visited Phuket, took 18 months to resolve through Thai courts, and the legal fees were substantial. A Thai will and a simple POA document would have cost less than 15,000 THB and would have prevented all of it.
The Two-Will Strategy: Thailand + Home Country
Planning your Phuket retirement?
From retirement visa requirements to area selection, healthcare costs and banking — there's a lot to get right. A 60-minute call with a Phuket expat who's done it gives you clarity without the guesswork.
Book a retirement consultation →By Fredrik Filipsson — living in Phuket since 2019
The standard advice from estate planning lawyers who work with Phuket expats is to maintain two separate wills: one governing your Thai assets, one governing your overseas assets. Each will should contain a clause specifying that it applies only to assets situated in that jurisdiction — without this clause, executing a new will in one country can inadvertently revoke the other.
Your Thai Will Should Cover
- Your Phuket condo (freehold chanote title)
- Thai bank accounts (Kasikorn, Bangkok Bank, SCB, etc.)
- Vehicle registered in Thailand
- Any personal property with significant value held in Thailand
- Appointment of a Thai executor who can act in-country
Your Home Country Will Should Cover
- Property in your home country
- UK/Australian/US/EU bank and investment accounts
- Pension arrangements (including death benefits and beneficiary nominations)
- Business interests
- Digital assets and online accounts
Many retirees forget to update pension death benefit nominations when they move to Phuket. Your pension scheme's death benefit (lump sum paid on death) is typically governed by a separate nomination form, not your will. Check with your pension provider that the nomination is current — it can be the largest single asset your estate holds.
Inheritance and Your Phuket Condo
This is the area that creates the most complexity for expat retirees in Phuket. Foreign nationals can hold freehold condo titles (chanote) in Thailand, subject to the 49% foreign ownership quota per building. What happens to that condo when you die?
Inheriting a Condo as a Foreign Beneficiary
If you leave your Phuket condo to a foreign beneficiary in your Thai will, they can inherit it — provided the building's foreign quota has not been exceeded. In most expat-dominated developments in Kamala, Surin, Bang Tao, and Patong, there is usually headroom in the quota. If the quota is exceeded, the heir has a reasonable period to transfer or sell the unit.
The transfer at the Land Department requires: the original chanote title deed, death certificate (apostilled and translated if from overseas), Thai will or probate order, and the heir's passport. A Phuket lawyer should handle this — it typically costs 20,000–50,000 THB in legal fees plus government transfer taxes.
Inheriting a Condo as a Thai Spouse or Heir
Thai nationals can inherit condo units from foreign spouses or parents with less complication from the quota perspective. However, if the building's foreign quota is at 49%, the Thai heir gains an advantage — they hold the unit as Thai-quota rather than foreign-quota. This can actually increase the condo's value in some developments where foreign-quota units command a premium.
| Asset Type | Governed By | Inheritance Complexity | Recommended Action |
|---|---|---|---|
| Phuket freehold condo | Thai will + Thai succession law | Medium — Land Dept process | Thai will + specify executor |
| Thai bank accounts | Thai will or next of kin process | Medium — can be frozen on death | Co-account holder or Thai will |
| Vehicle (Thai registered) | Thai will | Low | Include in Thai will |
| Overseas property | Home country will | Varies by jurisdiction | Separate home country will |
| UK/AU pension lump sum | Nomination form (separate from will) | Low if nomination current | Review nomination regularly |
| Overseas bank/investments | Home country will | Medium | Include in home country will |
Power of Attorney: Planning for Incapacity
Estate planning isn't only about death — it's also about incapacity. If you have a stroke, develop dementia, or are otherwise unable to manage your affairs, who has legal authority to manage your Thai bank accounts, renew your condo contracts, or make decisions about your care at Bangkok Hospital Phuket or Siriroj?
Thai Power of Attorney
A Thai Power of Attorney (POA) document authorises a named person to act on your behalf for specified purposes. Unlike the UK's Lasting Power of Attorney (LPA), Thailand does not have a formal "enduring" POA that survives mental incapacity as a matter of statute. However, a well-drafted POA with broad powers, combined with medical certification procedures, can achieve similar practical results for most day-to-day asset management purposes.
Your Thai POA should be drafted by a Phuket lawyer, notarised, and ideally registered with a relevant government office. Name someone you trust completely — a spouse, adult child, or close friend who is either in Phuket or can get here quickly. The cost of drafting a Thai POA is typically 3,000–8,000 THB.
Home Country LPA / Enduring POA
For your home country assets, you need the equivalent of a Lasting Power of Attorney in your jurisdiction: LPA in the UK, Enduring POA in Australia, Durable POA in the US. These documents should be in place before you lose capacity — you cannot create a valid POA after incapacity occurs. Given that Phuket retirees are often living thousands of kilometres from their home country, having this paperwork in place is particularly important.
Health Insurance That Covers Long-Term Care in Phuket
Planning ahead includes healthcare. Comprehensive health insurance for Phuket retirees covers hospitalisation, specialist care, and long-term illness at Bangkok Hospital Phuket and Siriroj — without wiping out your estate.
Get a Free Quote →What Happens to Thai Bank Accounts on Death
Thai bank accounts are typically frozen on notification of the account holder's death. Access requires either a valid Thai will with a named executor, a probate order from the Thai courts, or (in some cases) joint account holder rights. The process to unfreeze and transfer funds can take months without proper documentation.
Practical strategies used by Phuket retirees include: maintaining a joint account with a trusted family member or partner for daily expenses; keeping one dedicated account for the retirement visa 800,000 THB requirement in the account holder's name only (as required); and ensuring your Thai will clearly names an executor with authority over bank accounts. See our banking guide for Phuket retirees for account setup details.
Finding a Good Estate Planning Lawyer in Phuket
There are dozens of law firms in Phuket offering expat legal services — quality varies enormously. For estate planning, you want a firm with specific experience in Thai succession law, international cross-border estates, and ideally some familiarity with your home country legal system (or good working relationships with overseas counsel).
Firms with offices in Phuket Town are generally more established than those operating purely from tourist areas. Budget 5,000–15,000 THB for a basic Thai will, 15,000–30,000 THB for a comprehensive estate plan including POA and coordination advice, and 3,000–8,000 THB for the POA alone. Always get a written quote upfront. Ask in expat Facebook groups (Phuket Expats, Rawai Expats, etc.) for current referrals — personal recommendations are the most reliable way to find a trustworthy Phuket lawyer.
Need a referral to a Phuket estate planning lawyer?
We can point you toward vetted Phuket law firms with expat estate planning experience. Drop us a message — first question is free.
Contact us →Estate Planning Checklist for Phuket Retirees
- Draft a Thai will covering all Thai-situated assets
- Update (or create) a home country will — ensuring it does not revoke the Thai will
- Review and update pension death benefit nominations
- Set up a Thai Power of Attorney naming a trusted person
- Arrange home country LPA/Enduring POA while you have capacity
- Check your Phuket condo's foreign quota status and document the title
- Advise your Thai bank of your executor (bring a copy of the will)
- Store original documents securely — with copies in a second location
- Tell your executor and beneficiaries where documents are held
- Review everything every 3–5 years or when circumstances change
Store your original Thai will at the law firm that drafted it (they will hold it for a small annual fee) AND keep a certified copy at home. Don't keep the only original in a Thai bank safe deposit box — if the account is frozen on death, nobody can access the safe deposit box either.
Related Retirement Guides
Frequently Asked Questions: Estate Planning in Phuket
Can a foreigner make a will in Thailand covering their Phuket condo?
Yes. Foreigners who hold a freehold condo title (chanote) in Phuket can include it in a Thai will. The will should be drafted in Thai (or dual-language) by a Phuket lawyer, and can be filed with the District Office for additional security. The Thai will covers Thai-situated assets only — you still need a separate will for overseas assets.
What happens to a Phuket condo if an expat retiree dies without a Thai will?
Thai intestate succession law (Civil and Commercial Code) applies. Assets pass to statutory heirs in a set order — spouse, children, parents, siblings. The process goes through Thai probate courts and can take one to three years, with significant legal fees. An unmarried partner has no automatic right to inherit under Thai intestate rules, regardless of how long the relationship lasted.
Do I need separate wills for Thailand and my home country?
Yes. A Thai will covers Thai-situated assets; your home country will covers overseas assets. Each will should specify its geographic scope to avoid inadvertently revoking the other. This "two-will strategy" is standard practice among expat estate planning lawyers in Phuket and is the most reliable way to ensure both Thai and overseas assets pass correctly.
What is a Power of Attorney and why do Phuket retirees need one?
A Thai Power of Attorney authorises a named person to manage your Thai affairs if you become incapacitated or unable to act in person. Without one, your bank accounts can be inaccessible, contracts can't be renewed, and decisions about your care become legally murky. For retirees living far from family, a well-drafted Thai POA is as important as a will.
Can a foreigner inherit a Phuket condo from a deceased expat retiree?
Yes, subject to the 49% foreign freehold quota in the building remaining intact. If the quota is exceeded, the heir typically has a reasonable period to transfer or sell the unit. In practice, most expat-popular Phuket developments (Bang Tao, Kamala, Surin, Kata) have headroom in their foreign quota. A Phuket lawyer should handle the Land Department transfer process.
How much does it cost to set up a Thai will in Phuket?
A basic Thai will drafted by a reputable Phuket law firm typically costs 5,000–15,000 THB. A comprehensive estate plan including Thai will, POA, and cross-border asset coordination advice runs 20,000–50,000 THB. Annual will review or storage fees are minimal. Given that a Phuket condo can be worth 3–15 million THB or more, proper estate planning is the highest-return legal spend most retirees will make. Last updated: November 2025.
