Many Thais avoid talking about wills, finding the subject inauspicious or assuming the family will sort things out. Yet inheritance disputes — especially over homes and land — are among the most common causes of family conflict, many becoming lawsuits lasting years. A properly made will gets property to the people you intend and eases the burden on those left behind.
When someone dies intestate, the estate passes to statutory heirs in the Civil and Commercial Code's order: descendants; parents; full siblings; half-siblings; grandparents; and uncles and aunts. A lawful spouse is also a statutory heir, with a share depending on which classes of heirs survive. Surviving higher classes exclude lower ones. The result may not match your wishes — a child who cared for you all along gets the same as one who never visited, and an unregistered partner gets nothing.
| Form | Essentials | Note |
|---|---|---|
| Ordinary | In writing, dated, signed by the testator before at least two witnesses present together, who also sign | May be typed; the most common |
| Holographic | Entirely handwritten by the testator, dated and signed | No witnesses needed, but must be fully handwritten — not typed |
| Public document | Declared to officials at a district office before at least two witnesses; the official records and reads it back | Highly credible; few challenges |
| Secret | Signed, sealed in an envelope and presented to officials and witnesses | Keeps the contents confidential |
| Oral | Only in special circumstances, such as imminent danger of death | Strict conditions and limited validity |
The most common mistake: the writer of a will or a witness to it cannot take under that will, nor can their spouse. If the child receiving the house signs as a witness, that child loses the bequest. Witnesses must be adults and not persons the law disqualifies, such as those of unsound mind. Choose disinterested witnesses who are present together when the testator signs.
You can bequeath only what is yours. With a marital-property home, you can leave only your share — in principle half; the other half belongs to your spouse. A will leaving a whole marital home to a child takes effect only for your share. Spouses wanting the entire home to pass to children should both make wills, or consider a lifetime gift combined with registered usufruct.
A will that can't be found is as good as none. Keep the original somewhere safe, tell your executor or a trusted person where it is, and consider depositing it with a government office that accepts wills, or with a lawyer. Review it after life changes — marriage, divorce, children, buying or selling property — so it still reflects your intentions.
Anyone aged fifteen or over. A will made by a person the court has declared incompetent is void.
Yes. Thai law gives testamentary freedom to leave your property to anyone — including an unregistered partner, a foundation or a temple.
For high-value assets or complex families, a lawyer or a public-document will reduces the risk of formal defects or challenges.
A will is a final gift that spares your family conflict over property. Follow the legal form, use disinterested witnesses, identify property and beneficiaries precisely, appoint an executor and store it safely. Read about gifting homes to children and usufruct on the MyProperty blog.
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