Nobody wants to think about this. I didn't want to write it, and you probably don't want to read it. But after six years in Phuket I've seen families go through the genuinely awful experience of trying to untangle a deceased expat's Thai assets without any legal structure in place. A straightforward bank account or condo becomes months of court hearings, expensive lawyers, and grief compounded by bureaucracy. A Thai will — which costs ฿5,000–฿15,000 and takes a few hours — would have made everything far simpler. Here's what you need to know.
Wills in Thailand — Key Facts
Do You Need a Thai Will? The Short Answer
If you own any of the following in Thailand, you should have a Thai will or a clear legal structure that addresses what happens on your death:
- A Thai bank account with significant funds (KBank, Bangkok Bank, etc.)
- A freehold condo in Phuket in your name
- A leasehold property interest
- A car or motorbike registered in Thailand
- A business interest in Thailand
- Valuables stored in Thailand
Many expats assume their home-country will covers their Thai assets. It may be recognised eventually by Thai courts, but the process is significantly more complex, slower, and more expensive than a dedicated Thai will. The straightforward solution is a Thai will for your Thai assets and your home-country will for assets at home.
What Happens Without a Thai Will
When a person dies in Thailand without a valid will, Thai intestate succession law applies. The Civil and Commercial Code distributes assets in a fixed order of priority:
| Class | Beneficiaries | Notes |
|---|---|---|
| 1 (Highest) | Descendants (children, grandchildren) | Equal shares among children |
| 2 | Parents | Only if no descendants survive |
| 3 | Brothers and sisters (full blood) | — |
| 4 | Brothers and sisters (half blood) | — |
| 5 | Grandparents | — |
| 6 | Uncles and aunts | — |
| Spouse | Surviving spouse | Share depends on class of other heirs |
For an expat in Phuket with assets here, the practical problem isn't necessarily who inherits — it's the process. To distribute Thai intestate assets, foreign beneficiaries must:
- Hire a Thai lawyer to file a probate petition in Thai court
- Prove their relationship to the deceased with certified documents
- Wait for the court to appoint an estate administrator
- Complete all transfers through the court-supervised process
This takes months, costs a significant amount in legal fees, and requires family members to navigate an unfamiliar legal system often while grieving. A will significantly streamlines this.
⚠ Thai Court Probate for Foreigners is Not Simple
The Thai courts require all documents to be in Thai or officially translated. Foreign family members may need to come to Thailand for hearings. The process moves at Thai court speed — not urgently. Estate administration fees plus legal representation typically cost ฿50,000–฿200,000 for a contested or complex intestate estate. A Thai will greatly reduces this burden.
Types of Valid Wills in Thailand
Formal Written Will (Most Common for Expats)
A written, typed will in Thai (or with certified Thai translation) that meets all Thai Civil Code formalities. Must be signed by the testator in the presence of two competent witnesses who both sign and are not beneficiaries. Typically prepared by a lawyer in Phuket, translated if needed, and executed in formal signing.
Holographic Will
A will entirely handwritten, dated, and signed by the testator in their own handwriting. No witnesses required. Valid under Thai law — however, if you write it in English, there is a question of whether it needs to be translated and whether the translation is authentic. For foreigners, a holographic will in a language other than Thai has uncertain status. Better to use a formal will with a lawyer.
Public Document Will
A will made in front of a Thai district official (Amphur), who records it officially. Very formal, requires Thai language, and is less commonly used by foreigners.
What a Thai Will Can and Cannot Cover
What a Thai Will Can Cover
- Thai bank account balances (KBank, Bangkok Bank, SCB, etc.)
- Freehold condo ownership (within the 49% foreign quota)
- Personal property in Thailand (vehicles, valuables, furniture)
- Leasehold interests in property (with careful drafting)
- Business interests in Thai companies
What a Thai Will Cannot Simply Transfer
- Land to a foreign national — foreigners cannot inherit freehold land ownership (non-condominium) in Thailand. A foreign heir inheriting land has 1 year to sell or it passes to the Revenue Department.
- Assets in your home country — your home-country will covers those
- Jointly owned assets with specific legal structures — these need careful legal analysis
Insider Tip: Your Condo Can Be Willed to a Foreign Beneficiary
Unlike land, freehold condominium ownership in Thailand (which falls under the 49% foreign quota system) CAN be inherited by a foreign national. This is significant for expats who own condos in Phuket's many developments — your spouse or children abroad can directly inherit a freehold condo. A Thai will naming them as beneficiary, combined with clear ownership documentation, makes this process much smoother than intestate succession.
How to Make a Thai Will in Phuket: Step by Step
List all your Thai assets
Bank accounts (institution, account number, balance estimate), property (title deed details, address), vehicles (registration documents), business interests. Having this list ready before your lawyer consultation makes the process faster and cheaper.
Decide who gets what
Name specific beneficiaries for specific assets, or specify a general distribution. Name an executor — someone you trust to oversee the estate administration process. Ideally this is a Thai national or resident who can attend court proceedings in Thailand.
Find a qualified Thai lawyer
Look for an English-speaking lawyer in Phuket with estate planning experience. Our Phuket directory includes vetted legal services. Expect fees of ฿5,000–฿15,000 for a standard will. Verify that the lawyer is a member of the Thai Bar Association.
Draft and review the will
The lawyer drafts the will in Thai (with an English version for your understanding). Review it carefully — ensure all assets are covered, beneficiary names and identifying information are accurate, and the distribution matches your intentions.
Execute the will with two witnesses
Sign the will in the presence of your two witnesses, who also sign. Witnesses must be over 20, mentally competent, and cannot be beneficiaries in the will. The date must be included.
Store and register the will properly
Keep the original in a secure location and give copies to your executor and a trusted family member. For property, consider registering the will at the local Land Office (Phuket Land Office on Wichit Songkram Road) — this creates a clear official record. Give a copy to your Thai bank as well.
Review periodically
A will should be reviewed when you acquire significant new assets, when your family situation changes (new spouse, children), or when Thai law changes significantly. Many lawyers recommend reviewing every 3–5 years or after major life changes.
Costs: Thai Will and Estate Planning in Phuket
| Service | Typical Cost | Notes |
|---|---|---|
| Basic Thai will (simple assets) | ฿5,000–฿15,000 | Single person, straightforward distribution |
| Will with property (condo) | ฿15,000–฿30,000 | Includes property-specific clauses |
| Comprehensive estate plan | ฿30,000–฿70,000 | Business interests, multiple properties, complex family |
| Land Office will registration | ฿1,000–฿3,000 | Official registration fee + admin |
| Probate without will (estimate) | ฿50,000–฿200,000 | Legal fees; varies greatly by complexity |
Need an English-Speaking Lawyer in Phuket?
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