6 Types of Last Wills Under Thai Law
6 Types of Last Wills Under Thai Law
Thailand recognizes six distinct types of last wills under the Civil and Commercial Code. Understanding each type helps you choose the best option for your situation and ensures your estate planning is legally sound.
1. Holographic Will (Written by Hand)
A holographic will is entirely handwritten by the testator and signed with their full name and date. This is the simplest form of last will in Thailand. No witnesses are required, but the entire document must be in the testator's own handwriting. Any typed or printed section invalidates this type of will.
2. Ordinary Written Will
An ordinary written will is typed or printed and signed by the testator in the presence of at least two witnesses. The witnesses must also sign the document. This is the most common format used by a will lawyer in Thailand because it is flexible and easy to prepare.
3. Notarial Will
A notarial will is prepared by a notary public or a lawyer and certified with an official seal. This type offers the highest level of legal protection. It is ideal for foreigners and individuals with complex estates. A notarial will is rarely challenged in court.
4. Oral Will
An oral will is made verbally in the presence of witnesses. Thai law only allows this type in emergency situations where the testator is in imminent danger of death. The witnesses must write down the will's contents and sign it within a specific timeframe.
5. Public Will
A public will is declared before a government official and recorded in an official document. This type is less common but provides strong legal validity. It requires official documentation and proper witnessing procedures.
6. Secret Will
A secret will is sealed in an envelope and delivered to a notary or official. The contents remain private until the testator's death. The testator must declare that the sealed document is their last will, and the notary records this declaration.
Which Type of Last Will Is Right for You?
Choosing the right type of last will depends on several factors:
- Complexity of your estate — Complex estates benefit from notarial or ordinary written wills.
- Language preferences — A bilingual will lawyer can prepare wills in Thai and English.
- Foreign assets — If you own property abroad, a lawyer can coordinate international estate planning.
- Privacy concerns — A secret will keeps your wishes private until after your death.
Get Professional Legal Advice
An experienced will lawyer in Thailand can help you select the best type of will and ensure it meets all legal requirements. Proper estate planning prevents disputes, protects your inheritance, and secures your family's future.