Professional Will Drafting and Estate Planning for Foreigners
Preparing a Last Will and Testament is an important step in protecting your assets and ensuring that your property is distributed according to your wishes after your death.
At Anan Legal Services, we provide professional will drafting services in Thailand, including bilingual Thai-English wills, legal consultation, and assistance with the preparation of essential documents.
Our services are designed to help individuals, particularly foreign nationals who own assets in Thailand, prepare clear and legally appropriate testamentary documents.
1. Understanding a Last Will and Testament
During your lifetime, the assets you own are considered your property. Upon your death, those assets become part of your estate, which may also include outstanding debts and liabilities.
Under Thai law, an estate may be distributed in two principal ways.
1. Distribution According to a Valid Will
If you have prepared a legally valid will, your estate will generally be distributed according to the instructions and intentions expressed in that will, subject to applicable legal requirements.
A will allows you to identify the individuals who should receive specific assets and helps establish your wishes regarding the administration of your estate.
2. Distribution Under Statutory Inheritance Law
If you die without leaving a valid will, your estate will be distributed according to the statutory inheritance provisions of the Thai Civil and Commercial Code.
Under Sections 1629 and 1635, inheritance rights are determined according to the legally recognized classes of heirs and the rights of the surviving spouse.
Thai law recognizes six classes of statutory heirs.
Preparing a will can help clarify your intentions and reduce uncertainty regarding the distribution of your assets.
2. What Documents Are Required to Prepare a Will?
To prepare your Last Will and Testament, you should provide the following information and documents.
2.1 Testator’s Personal Information
The testator is the person making the will.
Required information includes:
- Copy of the testator’s passport
- Residential address in their home country
- Current residential address in Thailand
- Contact telephone number
2.2 Executor’s Personal Information
An executor is the person designated to administer the estate and carry out the instructions contained in the will, subject to the applicable legal procedures.
Required information includes:
- Copy of the designated executor’s passport
- Residential address
- Contact telephone number
2.3 Asset List and Beneficiary Information
You should prepare a detailed list of the assets you wish to distribute.
For each asset, please specify:
- Description of the asset
- Name of the intended beneficiary
- Personal details of the beneficiary
- Copy of the beneficiary’s passport or national identification card, where available
Copies of identification documents may be attached to the will as supporting documentation.
2.4 Two Qualified Witnesses
For an ordinary written will executed under the relevant Thai legal requirements, two qualified witnesses are required.
The witnesses should:
- Be of legal age
- Have the legal capacity required to act as witnesses
- Meet the applicable statutory qualifications
The eligibility of witnesses should be verified before the will is signed.
3. Legal Requirements for Signing a Will
For an ordinary written will under Thai law, the signing procedure is an essential requirement.
The testator must sign the will in the presence of two witnesses who are present at the same time.
Both witnesses must then sign the document in the presence of the testator, acknowledging the testator’s signature.
Following the required signing formalities is important to ensure that the will complies with the applicable legal requirements.
4. Who Cannot Serve as an Estate Executor?
Under Thai law, certain individuals are not eligible to serve as estate administrators.
These include:
- Persons who have not reached legal adulthood.
- Persons of unsound mind or persons declared quasi-incompetent by a court.
- Persons declared bankrupt by a court.
Choosing an appropriate executor is an important part of preparing a will.
5. Frequently Asked Questions About Wills in Thailand
Can a Beneficiary Who Is Not a Statutory Heir Apply to Become an Estate Administrator?
Yes.
Under Section 1713 of the Thai Civil and Commercial Code, the persons entitled to petition the court for the appointment of an estate administrator include:
- Heirs
- Interested persons
- Public prosecutors
A beneficiary named in a will may qualify as an interested person in the estate.
Therefore, a beneficiary who is not a statutory heir may be entitled to petition the court for appointment as an estate administrator, subject to the applicable legal requirements.
Can the Executor and Beneficiary Be the Same Person?
Yes.
Thai law does not generally prohibit a person from serving as both an estate executor and a beneficiary under the same will.
This means that an individual who is designated to receive property under the will may also be appointed to administer the estate, provided that the individual meets the legal qualifications.
6. Our Last Will and Testament Drafting Services
At Anan Legal Services, we provide assistance throughout the will preparation process.
Our services include the following:
6.1 Initial Legal Consultation
We provide legal consultation and explain the relevant legal principles concerning wills and inheritance.
Clients may discuss their questions and concerns with our lawyer before proceeding with the preparation of their will.
6.2 Bilingual Thai-English Will Drafting
We prepare wills in both Thai and English.
The document is arranged paragraph by paragraph in both languages to facilitate understanding and reference.
6.3 Two Copies of the Will
We prepare two copies of the will.
- One copy for the testator
- One copy for the designated beneficiary
6.4 Lawyer and Law Firm Information
The drafting lawyer’s name and law firm details will be included in the document.
This information may be used by beneficiaries for future reference or communication concerning the will.
6.5 Attorney Witness Service
The drafting lawyer may act as the first witness during the signing of the will.
An additional service fee applies.
6.6 Personal Document Delivery
Our lawyer can personally deliver the prepared will to your designated location.
An additional delivery fee applies based on the round-trip travel distance.
7. Last Will and Testament Service Fees
| Service | Fee |
|---|---|
| Will Drafting Service | Starting from 5,900 THB |
| Attorney Acting as a Witness | Additional 1,000 THB |
| Personal Document Delivery | 5 THB per km (round-trip) |
Delivery Fee Information
The delivery fee is calculated according to the actual round-trip distance at a rate of 5 THB per kilometer.
Fuel and expressway toll expenses are covered by our law firm.
8. Why Prepare a Will in Thailand?
For foreign nationals who own property or other assets in Thailand, preparing a will can help clarify how those assets should be distributed after death.
A properly prepared will can:
- Identify the intended beneficiaries
- Specify the distribution of individual assets
- Designate a person to administer the estate
- Provide written evidence of the testator’s intentions
- Help reduce uncertainty during estate administration
Professional legal assistance can help ensure that the will is prepared in accordance with the applicable legal requirements.
Contact Anan Legal Services
If you would like to prepare a Last Will and Testament in Thailand or require legal consultation regarding wills and inheritance matters, please contact us.
Anan Legal Services
Contact Person: Mr. Anan Suthon
Tel / WhatsApp: +66 81 750 3053
Professional Legal Assistance for Wills, Inheritance, and Estate Planning in Thailand.