Will executed in Thailand
A will made in one of the forms prescribed by Book VI of the Civil and Commercial Code.
Authority: Civil and Commercial Code Book VI, and the court with jurisdiction.
Book VI of the Thai Civil and Commercial Code prescribes several will formats executed in Thailand, including the ordinary form with two witnesses and the public-document form. A will made abroad may be usable but its existence and validity must be proved to a Thai court, with translation and certification layers. Without a will, statutory heirs inherit in the order the Code sets.
A will made in one of the forms prescribed by Book VI of the Civil and Commercial Code.
Authority: Civil and Commercial Code Book VI, and the court with jurisdiction.
A will made under the formalities of another country, which must be presented to a Thai court with translation and certification when it affects Thai assets.
Authority: The law of the place of execution, together with the Thai court’s assessment.
Where no will exists, the estate passes to statutory heirs in the classes the Code sets out.
Authority: Civil and Commercial Code provisions on statutory heirs.
| Criterion | Will executed in Thailand | Will executed abroad | Intestacy (statutory heirs) |
|---|---|---|---|
| What decides who inherits | The testator’s stated intention | The stated intention, once the court accepts the formalities | The statutory order of heirs, not personal wishes |
| Form and witnesses | Must satisfy the chosen form, e.g. two attesting witnesses for the ordinary form | Follows the formalities of the place of execution, which may differ | No instrument of intention exists |
| What a Thai court is shown | The original will and supporting evidence | The will with translation and foreign certification layers | Proof of heirship such as civil-registration records and the death certificate |
| Estate administrator | A court order is commonly needed to transfer registered assets | A Thai court order is likewise needed for Thai-situs assets | A petition to appoint an administrator is required |
| Documents usually certified first | Certified copies of the relevant official records | The will, foreign death certificate and powers of attorney, via apostille or legalisation plus embassy attestation as applicable | Civil-status documents of heirs residing abroad |
| Commonly overlooked limits | A will does not override restrictions on foreign ownership of certain assets | Certification does not mean a Thai court automatically accepts the contents | Heirs cannot simply agree to divide registered assets without a court order |
Checked on 2026-08-04; confirm with the authority before filing.
The exact steps depend on the receiving authority in each case. Contact our team to confirm the checklist and timing.