Make sure your Thai condo and savings go to your family

Yes. Anyone may dispose of their property by will (s. 1646 of the Civil and Commercial Code). A foreigner's capacity to make a will is governed by the law of their nationality at the time the will is made (s. 39 of the Act on Conflict of Laws). Most people make a separate Thai will for their assets in Thailand and a will at home for everything else.

As to form, yes, if it follows the law of your nationality or of the country where you signed it (s. 40 of the Act on Conflict of Laws). But a Thai court needs it translated and legalised, and succession to real estate in Thailand still follows Thai law (s. 37). A separate Thai will saves your heirs extra steps.

It could. Under Thai law a later will revokes an earlier one where they conflict, and it can also expressly revoke an earlier will entirely (ss. 1694 and 1697). If you are domiciled outside Thailand, revocation is governed by the law of your domicile at the time of revocation (s. 42 of the Act on Conflict of Laws). That is why each of your wills should state which assets it covers, and we check the revocation wording.

Thai law has no separate notarial will: a will is valid only in one of the forms set out in the Civil and Commercial Code (s. 1655). An ordinary written will is signed before two witnesses. You can also make a public will at the district office (amphur), where an official records your wishes; the amphur fee is from 250 THB.

That is one of the grounds on which the court appoints an estate administrator (s. 1713). Foreign death, marriage and birth certificates need a Thai translation and legalisation. The Apostille Convention enters into force for Thailand on 28 February 2027, which will simplify this for member countries.

Banks usually freeze the account and release the money to an estate administrator appointed by the court. As a rule they want the court order and a certificate that it is final. We prepare the court petition and go to the bank with the administrator.

For land, the Department of Lands service standard is as follows. If an administrator has been appointed by the court or by the will and is already registered on the title deed, registration takes about 130 minutes, not counting waiting time. With no administrator, the heirs apply themselves, the office posts a 30-day notice and the whole procedure takes about 47 days. If any heir is a foreigner or lives abroad, the land office usually asks for a court order. For both land and condos the fee is 0.5% of the appraised value for a spouse or a direct relative, and the general 2% rate for others.

Statutory heirs in order: descendants, parents, full siblings, half siblings, grandparents, uncles and aunts (s. 1629). A registered spouse inherits alongside any of these classes and takes everything if there are no other statutory heirs (s. 1635). With no heirs at all, the estate passes to the State (s. 1753).

Yes, but only on the amount above 100 million THB received from one deceased person (net of debts). The rate is 10%, or 5% for parents and descendants; a spouse pays nothing. A foreigner with Thai permanent residence pays on the whole inheritance, other foreigners only on assets in Thailand. The return is due within 150 days of receiving the inheritance (Inheritance Tax Act B.E. 2558, ss. 3, 11, 12, 14, 16, 17). The threshold is reviewed every 5 years, so we check it at the date of inheritance.

As a rule, a claim to the estate must be brought within 1 year of the death or of learning about it, and no later than 10 years after the death (s. 1754). There are exceptions, but do not wait: message us and we will assess the deadlines in your case.