Estate Planning & Will Lawyer in Udon Thani Province
At UdonLaw, we offer comprehensive estate law services — from legally compliant will drafting under Thai law to filing for the appointment of an estate administrator at the Udon Thani Provincial Court. Our goal is to protect your and your family’s rights with confidence. This service is suitable for both Thai nationals and foreigners who own assets in Thailand.
Download: Last Will & Testament in Thailand (One-Page Checklist)
A practical checklist for foreigners to understand key formalities, restrictions, and best practices.
Thailand recognizes five types of wills under the Civil and Commercial Code:
Ordinary Written Will (Section 1656):
Must be written, signed by the testator, and witnessed by two individuals.Holographic Will (Section 1657):
Entirely handwritten, dated, and signed by the testator — no witnesses required.Public Will (Section 1658):
Declared before a district officer and two witnesses.Secret Will (Section 1660):
Sealed and submitted to an official in the presence of witnesses.Oral Will (Section 1663):
Permitted only in emergencies (e.g., imminent death), made before at least two witnesses.
To ensure a will is legally valid, it must strictly follow the required legal format — especially regarding the use of witnesses, the testator’s age and legal capacity, and clarity of the will’s content.
Important Information About Wills and Estate Administration Services
Key Facts About Making a Will in Thailand
- The testator must be at least 15 years old and mentally sound.
- Witnesses must be at least 20 years old and not beneficiaries of the will.
- You may write your will in English, but an official Thai translation is required for court use.
- Registration or notarization is not legally required.
Who Is an Executor?
An executor is a person appointed to manage the deceased’s estate according to the will. If not named in the will, the court may appoint one upon request by an heir or creditor.
Duties of the executor include:
- Applying for court appointment
- Gathering assets
- Paying debts and taxes
- Distributing assets according to the will or legal succession
If no will exists, the estate will be distributed according to the legal order of heirs such as children, parents, siblings, etc.
Can Foreigners Make a Will in Thailand?
Yes – under Thailand’s conflict of laws rules, foreigners may draft a will following the law of their home country or Thai law. However, if made abroad, the Thai court will require certified translations, which may delay proceedings.
Recommendation: If you are a foreigner with assets in Thailand such as condos, land, cars, or bank accounts, you should create a separate Thai-language will to simplify inheritance and court procedures for your heirs.
Steps to Appoint an Executor in Thailand
- Review the will and supporting documents, e.g. death certificate, house registration
- File a petition with the provincial court to appoint an executor
- Attend court hearings
- Once appointed, the executor can begin transferring assets
Note: Transferring ownership of assets like land title deeds or bank accounts requires a court order.
Our Will & Estate Services
- Will planning advice in both Thai and English
- Drafting valid wills in accordance with Thai law
- Petitioning the court to appoint an executor
- Assisting with asset transfers such as land, condos, and bank accounts
- Supporting foreign heirs or heirs residing abroad
Frequently Asked Questions (FAQ)
Does a will need to be registered?
No, but it should be kept safely, e.g. at a law office, and the executor should be informed of its location.
How do I know if my will is legally valid?
It must comply with the Thai Civil and Commercial Code, e.g. two qualified witnesses must be present.
What happens if there is no will?
The estate will be distributed according to the legal order of heirs such as children, parents, and spouses.
Can I appoint a lawyer as executor?
Yes, if specified in the will or if heirs request court appointment.
Primary Legal Authority
Act & Official Sources
- Act: ประมวลกฎหมายแพ่งและพาณิชย์ (The Civil and Commercial Code), Book 6: Inheritance (มรดก), Title 3: Wills (พินัยกรรม), Sections 1646–1710
- Official Texts: สำนักงานคณะกรรมการกฤษฎีกา (Office of the Council of State) – www.krisdika.go.th
- Promulgation: ราชกิจจานุเบกษา (Royal Thai Government Gazette) – www.ratchakitcha.soc.go.th
Definition of a Will
Section 1646: A will is a declaration of intent concerning one's property or other matters, effective after death under the law.
Prescribed Legal Forms
- Ordinary Will (Sec. 1656): Must be in writing, dated, and signed by the testator in the presence of two witnesses who also sign.
- Holograph Will (Sec. 1657): Entirely handwritten by the testator, dated and signed.
- Will at Public Office (Sec. 1658): Declared to a Kromakarn at Amphoe with two witnesses; recorded, read back, and signed.
- Secret Will (Sec. 1660): Signed and sealed in an envelope; declaration recorded on the envelope with witnesses and official.
- Special Circumstances (Secs. 1663–1664): Oral will in imminent danger, witnessed by two persons, then reported to Amphoe official.
Judicial Interpretation
- Sup. Ct. Decision No. 5288/2561: Reinforced Sec. 1656’s strict witness presence requirement; voided the will when witnesses signed later.
Key Constraints
- Sec. 1653: Testator or witness and their spouses cannot be beneficiaries.
- Sec. 25: Minimum age 15; below which a will is void.
- Sec. 1705: Non-conforming wills are void.
11/36 Ban Lao Road, Mak Khaeng Subdistrict, Mueang Udon Thani District, Udon Thani Province 41000, Thailand
Legal Reference Sources
- Thai Civil and Commercial Code
- Section 1603 – Succession of property
- Section 1620 – Legal order of heirs
- Section 1629 – Spousal inheritance rights
- Sections 1656–1663 – Forms of wills
- Sections 25, 31–32 – Qualifications of testators and witnesses
- Section 1718 – Qualifications of an executor
- Conflict of Laws Act, B.E. 2481 (1938)
- Recognition of foreign wills
- Applies to cross-jurisdiction inheritance
- Land Code
- Section 93 – Foreign ownership restrictions
- Condominium Act
- Section 19 – Condo ownership by foreigners
- Provincial Court Procedures
- Petitions for executor appointment
- Issuance of court orders for asset transfers
The above information is based on official Thai law texts and government sources such as the Office of the Council of State, Ministry of Justice, and Department of Lands.