Do Foreigners Need A Thai Will?

A Thai will lets your Thai assets be dealt with under a local probate. Without one, your estate may have to rely on a foreign will reaching into Thailand, or on Thai intestacy rules, both of which are slower and more expensive than a local probate of a Thai will.

Thai probate of a Thai will is a court process, but it is a familiar one. The court validates the will, appoints the executor, and the executor then transfers the assets. A foreign will dealing with Thai assets triggers the same court step, plus the additional work of having the foreign will recognised, which adds time and cost.

If you already have a will in another country, a Thai will should be drafted to sit alongside it, not to revoke it. Each will should deal with the assets in its own jurisdiction, and each should recognise the other so neither attempts to dispose of assets already covered.

The risk of uncoordinated wills is that one revokes the other, or that two probates run at once in different countries over the same assets. A coordinated structure avoids both. We work with foreign counsel where needed so the two wills are consistent.

A bilingual Thai and English will is recognised by Thai authorities when it is properly drafted and executed. The Thai text governs in Thailand, with the English text as a faithful translation. This is useful where the executor or beneficiaries do not read Thai.

The execution must meet Thai formalities: the testator signs in the presence of two witnesses, who also sign, and none of the witnesses should be a beneficiary. We arrange the execution and secure storage so the will is available when it is needed.

A Thai will should identify your Thai assets: bank accounts, condominium units, company shares, and any leasehold or other interests. It should appoint an executor, name guardians for minor children, and deal with any specific bequests.

It should also be consistent with how you hold the assets. A condominium owned in your name passes under the will; a property held through a company passes as shares in the company, which may be governed by a different will or a shareholder agreement. We review the ownership alongside the will so the two line up.