What a Thai will does and does not cover

Every law firm in Thailand will tell you how to make a will. Fewer will tell you what it will not fix.

Do you need a Thai will?

Not strictly. A valid foreign will can generally be enforced here, provided it is translated, legalised and certified. That route is slower and more expensive than administering under a Thai will, enough that most people who understand the difference make one.

The clean arrangement is one will per jurisdiction, each limited to the assets in that jurisdiction, each saying so. Without that limiting clause, two wills can revoke one another.

What makes a Thai will valid?

The form nearly every foreigner uses must be in writing, dated when it is made, and signed by the person making it in front of at least two witnesses who are present at the same time and who then sign to certify the signature. Alterations are only valid if made the same way.

No notarisation or registration is required. Witnesses and executors may be Thai or foreign. There is no nationality, visa or house-registration requirement to make a will covering Thai assets.

Witnesses must not be beneficiaries, spouses of beneficiaries, or minors.

Six things to check in the will you already have

1. Is it dated?
2. Were there two witnesses, present together, and did both sign?
3. Is either witness a beneficiary, or married to one? That can void the gift.
4. Does it contain a jurisdiction clause limiting it to Thai assets?
5. Is there a substitute beneficiary if the first dies before you?
6. Does anyone know where the original is?

What does a Thai will not cover?

It will not avoid the court. You cannot walk into a bank or land office with a will alone. The court must appoint someone first.

It will not override property restrictions. What a foreigner may not own, a foreigner may not inherit. Foreigners cannot own land, and therefore cannot inherit it. Land inherited even from a Thai spouse must be sold, and ownership registration will not be permitted.

Condominiums are more permissive but still conditional. The heir must qualify under the Condominium Act, and the building's foreign-ownership quota must have room. If either fails, the unit must be disposed of.

Two deadlines if property is involved: notification to the authorities within 60 days, and disposal within one year of acquisition. If you hold land or a condo here, instruct a lawyer.

It will not create survivorship. Thai law does not recognise a right of survivorship on most joint accounts. A joint account is not an inheritance plan.

It will not touch the other half of marital property. Where the deceased was married, the common property of the marriage is divided first, and only the deceased's half forms the estate.

It will not guarantee anyone a minimum share. Unlike many civil-law countries, Thailand has no forced heirship.

It will do nothing while you are alive. A will operates only on death. The lease, the bank, the visa and medical decisions are untouched by it. See if you lose capacity rather than die.