Nobody likes thinking about this stuff. But if you've been living in Phuket for any length of time and have assets here — a condo you own freehold, a Thai bank account, a car, a motorbike, shares in a Thai company — then not having a Thai will is a genuine mistake. I say this as someone who spent two years in Phuket without one, quietly assuming my home country will "covered everything."
It doesn't. Thai law governs Thai assets, and without a local will, what happens to your Phuket condo, your Bangkok Bank account, and your ageing Honda PCX when you die is determined by Thai intestate succession rules — not your wishes, not your home country's legal system, and not necessarily your family's interests.
This guide covers exactly what you need to know: how Thai inheritance law works for foreigners, when you need a Thai will (and when a foreign will might suffice), what it costs, and how to find a good lawyer in Phuket. Note: this is not legal advice — Thai law is complex and you should always consult a qualified Thai lawyer for your specific situation.
Key Facts — Thai Wills & Inheritance
- Thai law governs assets located in Thailand regardless of your nationality
- Without a Thai will, assets go through Thai intestate succession — often slow and unpredictable
- Foreigners can own condos freehold in Thailand and bequeath them via will
- Thai will cost: 5,000–15,000 THB with a reputable Phuket lawyer
- Your home country will does NOT reliably cover Thai assets
- Thailand has no inheritance tax below 100 million THB (threshold for immediate heirs)
How Thai Inheritance Law Works for Foreigners
Thailand's Civil and Commercial Code governs succession. The key principle is lex situs — the law of the country where property is located applies to immovable property (real estate). For movable property (cash, vehicles, personal items), Thailand applies the law of the deceased's domicile, which may be your home country.
In practice, this means:
- Your Phuket condo (immovable): governed by Thai law
- Your Thai bank account balance (movable): may depend on Thai court discretion
- Your car and motorbike in Phuket: governed by Thai law
- Shares in a Thai company: governed by Thai law
Thai Intestate Succession — Who Gets What Without a Will
If you die in Thailand without a will, your Thai assets are distributed according to a statutory hierarchy:
| Heir Class | Who | Share |
|---|---|---|
| Class 1 (concurrent with spouse) | Descendants (children, grandchildren) | Depends on whether spouse exists |
| Spouse | Legal spouse only | Concurrent with other heirs |
| Class 2 | Parents | Only if no children |
| Class 3 | Brothers and sisters (full) | Only if no children or parents |
| Class 4 | Half-siblings | Only if no class 1-3 heirs |
| Class 5 | Grandparents | Only if no class 1-4 heirs |
| Class 6 | Aunts and uncles | Only if no class 1-5 heirs |
| No heirs | Thai state | All assets |
Critical note: unmarried partners and de facto spouses are not recognised under Thai intestate law. If you have a long-term partner you're not legally married to, they receive nothing from your Thai assets without a will. This catches out many expats in Phuket.
If you have a Thai partner or spouse, marriage under Thai law provides inheritance rights — but the share split can still be complicated where children are involved. A will makes your specific wishes clear and speeds up the process enormously. Even if you're married, draft a will.
What a Thai Will Can and Cannot Cover
What a Thai Will Covers
A Thai will (พินัยกรรม — phinai gam) is a legal document under Thai law that specifies how your Thai assets should be distributed. It can cover:
- Condominium units owned freehold in your name
- Thai bank account funds
- Vehicles registered in your name in Thailand
- Personal property in Thailand
- Your share/interest in a Thai company or partnership
- Appointment of an executor to manage the estate
What a Thai Will Cannot Cover
- Land (foreigners cannot own freehold land in Thailand — if a Thai company owns land on your behalf, company shares are what you can bequeath)
- Assets in other countries (your home country will handles those)
- Life insurance policy proceeds (these go directly to named beneficiaries)
Condo Inheritance: The Most Common Phuket Expat Case
The most common inheritance situation for Phuket expats is a freehold condominium. Foreigners can legally own condo units in their own name (up to 49% of the total floor area of a condominium building can be foreign-owned). Here's what happens when you want to pass a Phuket condo to your heirs:
Bequeathing to a Foreign Heir
If your intended heir is also a foreigner, they can inherit the condo — but only if the 49% foreign ownership quota in that building isn't already full. If it is full, they have a one-year period to sell or transfer the unit. This is worth knowing before you buy.
Bequeathing to a Thai National
Thai national heirs inherit without foreign quota restrictions. If your spouse is Thai, this is the most straightforward path.
Buying Property in Phuket? Get the Right Legal Setup From Day One
Whether you're purchasing a condo freehold or exploring other structures, a qualified Phuket property lawyer ensures your ownership is watertight and inheritable. Connect with a vetted Phuket property specialist.
Find a Phuket Property Lawyer →How to Draft a Thai Will in Phuket
A Thai will must meet specific formal requirements under the Civil and Commercial Code to be valid. There are several valid forms — a holographic will (entirely handwritten and signed by the testator), a witnessed will (signed before two witnesses), and a secret will (submitted to the District Office in a sealed envelope). For most expats, the witnessed will prepared by a lawyer is the most practical option.
The Process
- Consult a qualified Thai lawyer — find one with specific experience in expat estate planning in Phuket (see below)
- Inventory your Thai assets — condo title deed, bank account details, vehicle registration, company share documents
- Identify beneficiaries — full names, passport numbers/national ID numbers, relationship to you
- Draft the will — typically in Thai with an English translation (bring a certified translator if needed, or use a bilingual law firm)
- Sign before two witnesses — witnesses must be adults, present simultaneously, and cannot be beneficiaries
- Register with the District Office (optional but recommended) — Phuket's District Office (Amphur) can register a copy, reducing challenges to its validity
Finding a Lawyer in Phuket
Several Phuket law firms specialise in expat estate planning. When evaluating a lawyer, look for: fluent English, experience with foreign national estates, transparent fees quoted in writing, and recommendations from other expats. Well-regarded Phuket law firms include Sunbelt Asia (office in Phuket Town), Siam Legal International, and several boutique firms in the Chalong and Bang Tao areas. Costs for a straightforward Thai will typically run 5,000–15,000 THB including the English translation.
Inheritance Tax in Thailand
Good news: Thailand has relatively lenient inheritance tax for most expat situations. The Inheritance Tax Act BE 2558 (2015) imposes a 10% tax on estates valued above 100 million THB received by direct heirs (spouse, parents, children), and 5% for direct heirs. For most Phuket expats with a condo and savings, this threshold is well above typical estate values. Indirect heirs (siblings, non-relatives) face the 10% rate with no threshold. These rates apply to Thai-located assets for Thai residents — cross-border tax implications depend on your home country's treaties with Thailand.
Need a Referral to a Phuket Estate Lawyer?
We can point you toward vetted English-speaking lawyers in Phuket who specialise in expat wills and estate planning. No obligation, first question free.
Get a Lawyer Referral →Your Home Country Will: What It Does and Doesn't Cover
Your home country will remains essential for assets in your home country — property, savings, pensions, and anything else outside Thailand. Thai courts technically can recognise a foreign will for movable Thai assets, but the process involves Thai court proceedings, certified translations, and considerable expense and delay. For Thai-located assets, a Thai will is always the cleaner and more reliable approach.
The practical solution: maintain both. A Thai will covers your Thai assets; your home country will covers everything else. Make sure both are consistent and up to date, and that your executor in each country knows the other will exists.
For more on the legal landscape for Phuket expats, see our guide to Thai defamation law and the Tourist Police guide. For retirement planning in Phuket, see the Phuket visa hub on retirement visa options.
Frequently Asked Questions
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Thai inheritance law is complex and individual circumstances vary. Always consult a qualified Thai lawyer for advice specific to your situation.