Living abroad can simplify many things, slower pace, lower costs, fewer forms, but when it comes to what happens after we’re gone, the waters often get murkier.
If you’re an expat with property, savings, or family ties in Thailand, inheritance planning isn’t just about good intentions, it’s about navigating two (or more) legal systems that rarely see eye to eye.
Understanding How Thai Law Views Inheritance
Let’s start with the basics. Thai inheritance law, under the Civil and Commercial Code (CCC), does not enforce forced heirship like France or Spain. You can disinherit statutory heirs, provided it’s done in writing, with clear intent.
That means you generally can choose who inherits your Thai-based assets, provided you’ve made that clear in a valid Thai will. If there’s no will, Thailand applies a statutory order of intestate heirs:
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descendants,
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parents,
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full siblings,
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half-siblings,
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grandparents,
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uncles and aunts.
The spouse inherits either alongside or in precedence, depending on the class.
While this may seem straightforward, problems often arise when heirs are overseas, documents are in the wrong language, or assets are jointly held. In other words, even without a complex estate, a lack of clarity can cause lengthy delays.
The Role of a Thai Will
A common mistake among expats is assuming their foreign will covers everything, including their condo in Hua Hin or bank account in Chiang Mai. While Thai courts may eventually accept a foreign will, the process is often slower, more expensive, and vulnerable to contest.
A standard Thai will must be in writing, dated, and signed before two witnesses present at the same time. A bilingual will is acceptable, but Thai text is recommended to avoid translation delays during probate or bank procedures. It ensures local banks, courts, and land offices have something familiar and enforceable to work with.
Crucially, it also gives you a chance to appoint a local executor or representative who can act on your behalf in-country. Without one, your heirs may need to fly in, hire lawyers, and navigate court proceedings in a language they don’t speak.
Where the Conflict Happens
Even when your foreign will is technically valid, practical issues can derail things. Thai courts typically require legalised or consularised documents, not apostilles (as Thailand is not a Hague Apostille Convention member), along with certified Thai translations.
While foreigners can serve as estate administrators, Thai courts must formally appoint them. Many banks and the Land Department will not release assets or process transfers without this court order. Remote handling is sometimes possible through power of attorney, but some courts still require in-person attendance.
Executors named in your UK or EU will may not be recognised locally if they’re not physically present or lack the authority to act under Thai law. Meanwhile, bank accounts stay frozen. Property transfers stall. And grieving family members are left dealing with bureaucracy instead of closure.
It’s not that Thailand is unusually complex, it’s that any cross-border inheritance scenario becomes more difficult without local documentation and foresight.
Assets Abroad vs Assets in Thailand
Another blind spot: assuming a “universal” or global will is enough. It might be… but it also might introduce unnecessary risk.
For many internationally mobile individuals, the safer route is to have two separate wills: one for assets in Thailand, and another for assets held elsewhere. The key is making sure these documents don’t contradict or override each other. This is where a qualified legal professional, ideally one with experience in both jurisdictions, can be invaluable.
Thai law applies to property located in Thailand, regardless of your nationality. So if you own a condo, land via leasehold, a car, or even Thai bank accounts, a locally valid will can help ensure those assets are passed on smoothly.
Be cautious with joint ownership. Thailand does not recognise joint tenancy with right of survivorship in the same way common law countries do. Upon death, co-owned property may still require probate unless otherwise structured.
Most residential leaseholds in Thailand are personal contracts and typically terminate upon death, unless specific clauses or structures (like corporate ownership or superficies rights) have been established.
Practical Tips for Peace of Mind
You don’t need a complicated estate to benefit from a clear plan. Here are a few basics that you may want to consider in order to get it right:
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Draft a Thai will that covers only your Thai-based assets.
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Name a local executor or representative who can act on your behalf.
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Keep an updated list of your assets (bank accounts, property, vehicles, etc.) in both languages.
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Ensure your foreign and Thai wills don’t clash - and ideally have them reviewed together. If you’re married under Thai law, note that the surviving spouse first takes half of any jointly owned marital property (Sin Somros). Your will only governs the remaining half.
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Let someone close to you know where your documents are stored and who to contact.
Even small actions, like closing dormant accounts or transferring jointly held property into one name, can remove complexity down the line.
Final Thoughts
Inheritance planning doesn’t need to be dramatic or depressing. It’s often a question of tidying up paperwork, asking a few good questions, and making sure the people you care about aren’t left guessing when the time comes.
As an expat in Thailand, your life may already span multiple countries, currencies, and cultures. That’s a beautiful thing. But when it comes to estate matters, clarity beats complexity every time.
You don’t need a sprawling estate or high net worth to warrant planning, just assets, people you care about, and a life lived across borders.