Last Will for Foreigners in Thailand

Short answer: yes, a foreigner can make a legally valid will in Thailand. If you own a condo, a house, a bank account, a car or shares in Thailand, a separate Thai will – written in Thai and English – is the fastest and safest way to make sure those assets go to the people you choose. This guide explains the rules for expats, retirees and foreign spouses.

Can a Foreigner Make a Will in Thailand?

Yes. Thai law allows anyone aged 15 or older and of sound mind to make a will, regardless of nationality or visa status. The will must follow one of the forms in the Thai Civil and Commercial Code – for expats this is usually an ordinary written will signed in front of two witnesses (Section 1656). See the types of wills under Thai law.

Which Country's Law Applies?

Thailand's Conflict of Laws Act generally applies Thai law to immovable property located in Thailand (land, houses, condominium units), while movable property (money, shares, vehicles) generally follows the law of your domicile at death. Because the rules can point to different countries, cross-border estates should be planned with a lawyer.

I Already Have a Will at Home. Do I Need a Thai Will?

A foreign will can be used in Thailand, but it must be translated into Thai, legalised and proven in a Thai court, which adds time and cost for your family. Most expats therefore keep two wills: one for Thai assets and one for assets elsewhere. Each will must be drafted carefully so that the newer one does not accidentally revoke the other – your Thai will should state that it only covers assets in Thailand.

Leaving Specific Assets in Thailand

Condominium units

A condo is the most common Thai asset owned by foreigners. A foreign beneficiary can usually take over a unit only if the building's foreign ownership quota allows it; otherwise the unit may have to be sold and the proceeds paid out. Check this before choosing a beneficiary. More: last will for condos in Thailand.

Land and houses

Foreigners generally cannot own land in Thailand. A foreigner who is a statutory heir may only receive land with Ministry of Interior permission and within strict limits; a foreigner named only in a will usually cannot register the land and it must be sold. Common solutions are leaving the land to a Thai spouse or child, or leaving the sale proceeds instead. See last will for land in Thailand.

Bank accounts, vehicles and shares

List each account and asset precisely. Thai banks will only release funds to the executor after a Thai court order, so clear identification speeds up the process.

Married to a Thai Spouse?

Property acquired during marriage is usually marital property (Sin Somros), owned half by each spouse. You can only leave your own half by will. A lawyer can separate personal property from marital property so the will matches the land office and bank records.

Language: Thai, English or Both?

A will written only in English can be valid, but Thai courts and officials work in Thai, so it would have to be translated later. We draft bilingual Thai-English wills in side-by-side columns, so you understand every word and Thai authorities can use the will directly.

Choosing an Executor

Appoint an executor who lives in Thailand or can act here easily, plus an alternate. Even with a will, the executor must ask a Thai court for appointment before dealing with banks or the land office. Read our inheritance lawyer and probate guide.

Is There Inheritance Tax in Thailand?

Thailand's Inheritance Tax Act only taxes a beneficiary who receives more than ฿100 million in inherited assets, and only on the part above that amount (5% for parents and descendants, 10% for others). Gifts to a spouse are exempt. Most estates therefore pay no inheritance tax. More: inheritance tax in Thailand.

Documents a Foreigner Needs

Passport (and visa or work permit, if any)
Thai address or Yellow House Book (Tabien Baan), if you have one
Condo title deed (Chanote) or land documents
Bank book or account details
Full names and passport/ID numbers of beneficiaries and the executor

Frequently Asked Questions

Do my witnesses have to be Thai?

No. Witnesses must be adults of sound mind who are not beneficiaries or spouses of beneficiaries. We provide qualified witnesses.

Can I make my will without a Thai visa or residence?

Yes. A tourist who owns assets in Thailand can make a Thai will during a visit.

How much does a will for a foreigner cost?

From ฿10,000 for a bilingual will. See the will lawyer cost guide.

Protect your Thai assets: book a free consultation with our English-speaking Thailand will lawyer team – WhatsApp +66 80-500-2222 or email [email protected].