Should a Foreign Property Owner Make a Thai Will?

Concise answer

Yes. A foreigner who owns a condominium, building, registered leasehold, company shares or other assets in Thailand should strongly consider making a separate Thai will covering those Thai assets.

A properly prepared Thai will can identify the intended beneficiaries, appoint an estate administrator and provide clear instructions for handling the property. This can reduce uncertainty, translation work, delays and disputes after the owner’s death.

However, a will cannot give a foreign beneficiary greater ownership rights than Thai law permits. A foreign heir’s ability to retain a condominium, land-related interest or leasehold right must still be assessed separately.

Detailed explanation

A Thai will is not legally mandatory simply because a foreigner owns property in Thailand. Without one, however, the Thai estate will generally be distributed under statutory succession rules.

Those statutory rules may not produce the result the owner intended.

A carefully prepared Thai will gives the owner greater control over who receives the property, who administers the estate and what should happen if the intended beneficiary cannot legally retain the asset.

1. A Thai will can cover assets located in Thailand

A Thai will may address assets including:

• Foreign-freehold condominium
• Thai-freehold condominium
• Freehold building or villa structure
• Registered leasehold interest
• Shares in a Thai company
• Thai bank accounts
• Vehicles
• Furniture and personal belongings
• Contractual rights
• Money owed to the owner
• Other legally transferable Thai assets

The will should identify important assets precisely enough for the estate administrator, court, bank and Land Office to locate them.

2. A will determines who should receive the property

A will allows the owner to name one or more beneficiaries and specify what each beneficiary should receive.

The owner may leave the property to:

• Spouse
• Child
• Relative
• Unrelated individual
• Charity
• Other legally eligible person or entity

The will may also name an alternative beneficiary in case the first beneficiary dies before the owner, refuses the inheritance or cannot legally retain the asset.

Without an effective will, the estate generally passes to statutory heirs according to the Thai Civil and Commercial Code.

3. Marriage does not replace a will

A surviving spouse does not necessarily receive the deceased spouse’s entire Thai estate automatically.

The surviving spouse’s entitlement may depend on:

• Whether the property is personal or marital property
• Other surviving statutory heirs
• Registered ownership
• Valid prenuptial agreement
• Nationality of the parties
• Applicable succession rules
• Existing will

A married owner should not rely solely on the marriage certificate or joint use of the property.

Each spouse should normally consider preparing their own will.

4. Joint ownership does not automatically transfer the deceased’s share

When a condominium is jointly owned, the surviving owner normally retains their existing registered interest. The deceased owner’s interest forms part of the deceased’s estate.

The deceased share does not necessarily pass automatically to the surviving co-owner.

A will can identify who should receive that interest and appoint someone to administer the transfer.

The beneficiary must still satisfy any applicable foreign ownership and quota requirements.

5. A Thai will can appoint an estate administrator

The will should identify a trusted person to administer the Thai estate.

The estate administrator may be responsible for:

• Locating estate assets
• Preserving and insuring the property
• Paying legitimate debts and expenses
• Obtaining court authority where required
• Dealing with banks
• Communicating with the condominium juristic person
• Registering inherited ownership
• Selling property where necessary
• Distributing the remaining estate

An alternative administrator should also be named in case the first choice cannot or will not act.

Naming an administrator in the will can simplify the court application, but it does not necessarily eliminate the need for a Thai court order.

6. A foreigner can make a will in Thailand

Thai nationality is not required to make a Thai will dealing with assets in Thailand.

The testator must possess the legal capacity to make the will and must follow one of the forms recognised under the Thai Civil and Commercial Code.

The Department of Provincial Administration identifies five recognised forms:

1. Ordinary written will
2. Holographic will written entirely by the testator
3. Public-document will
4. Secret-document will
5. Oral will permitted only under exceptional circumstances

For most foreign property owners, a professionally prepared ordinary written will is generally the most practical approach.

7. The ordinary written will has formal requirements

An ordinary written will under Section 1656 generally must:

• Be made in writing
• State the date it was made
• Be signed by the testator
• Be signed in the simultaneous presence of at least two witnesses
• Be signed by those witnesses to certify the testator’s signature

Formal mistakes can make a will or an attempted amendment invalid.

Beneficiaries and other interested parties should not be used as witnesses. Independent witnesses reduce the risk of a later challenge.

8. A handwritten will is another recognised form

A testator may prepare a holographic will by writing the entire document personally by hand.

It must include:

• Entire testamentary text in the testator’s handwriting
• Date
• Testator’s signature
• Properly signed handwritten amendments

A typed document with only handwritten portions does not satisfy the requirements for a wholly handwritten will.

Although this format can be legally valid, professional drafting remains advisable for a foreign owner with property, international heirs or multiple jurisdictions.

9. The Thai will should identify the property accurately

For a condominium, the will should ideally include:

• Development name
• Building
• Unit number
• Floor
• Condominium title number
• Registered area
• Land Office location
• Registered ownership percentage

For a villa or house, the will should distinguish between:

• Land
• Building
• Registered lease
• Movable contents
• Company shares
• Contractual renewal or purchase rights

Simply writing “my house in Phuket” may not adequately explain the legal components of the ownership structure.

10. A will cannot override foreign ownership restrictions

A will can name a foreign beneficiary, but it cannot guarantee that the beneficiary may retain every type of Thai property.

For an inherited condominium, the heir’s right to retain ownership may depend on:

• Eligibility under the Condominium Act
• Building’s 49% foreign ownership quota
• Existing foreign ownership
• Land Office approval
• Required supporting documents

A foreign heir who cannot retain the condominium may have to dispose of it within the legally prescribed period.

The will should anticipate this possibility and authorise the estate administrator to sell the property and distribute the net proceeds where appropriate.

11. Land and villa ownership require separate analysis

Foreigners generally cannot own land in Thailand directly except under limited statutory exceptions.

A Phuket villa may involve several different assets and rights:

• Land lease
• Freehold ownership of the building
• Superficies
• Usufruct
• Company shares
• Movable furniture
• Contractual renewal rights

The will should address each component separately.

Leaving “the villa” to a foreign beneficiary does not automatically transfer land ownership or make a personal contractual right inheritable.

12. Leasehold rights may not automatically pass to heirs

A registered lease should be reviewed to determine what happens upon the lessee’s death.

Important questions include:

• Is the lease expressly inheritable?
• May the lease be assigned?
• Does it terminate upon the original lessee’s death?
• Are renewal rights transferable?
• Does the contract bind the lessor’s successors?
• Is a building owned separately from the land lease?
• Are there registered superficies or other supporting rights?

A will cannot convert a non-transferable or personal lease right into an inheritable property right.

The lease contract and Land Office registration must support the intended succession plan.

13. Thai company shares may form part of the estate

Where a property structure involves shares in a Thai company, the shares may form part of the owner’s estate.

The transfer may depend on:

• Company articles
• Shareholder agreements
• Share-transfer restrictions
• Foreign ownership laws
• Business licensing rules
• Director and shareholder resolutions
• Validity of the company structure

A will covering company shares should be coordinated with proper corporate planning.

A Thai company should never be used merely as an unlawful nominee structure to avoid restrictions on foreign land ownership.

14. A foreign will may create additional work

A will made overseas may potentially be relevant to Thai assets, but using it in Thailand can require:

• Probate or equivalent proceedings overseas
• Authentication or legalisation
• Certified Thai translation
• Expert evidence concerning foreign law
• Thai court proceedings
• Additional time and expense

A separate Thai will limited to Thai assets can often make the administration more direct.

However, the Thai will must be coordinated with any foreign will so that one document does not unintentionally revoke or contradict the other.

15. The Thai and foreign wills should be coordinated

The Thai will should clearly state that it applies to identified Thai assets.

The foreign will should also be reviewed to ensure it does not contain a broad revocation clause that unintentionally cancels the Thai will.

Both documents should be prepared or reviewed by lawyers familiar with the relevant jurisdictions.

Important coordination points include:

• Assets covered by each will
• Executors or estate administrators
• Beneficiaries
• Revocation clauses
• Tax consequences
• Simultaneous-death provisions
• Alternative beneficiaries
• Treatment of debts and expenses

International estate planning should work as one system, even when it uses separate documents.

16. The original will must be stored safely

The owner should preserve the original signed will in a secure and accessible location.

A trusted person should know:

• That the will exists
• Where the original is stored
• Which lawyer prepared it
• Who is named as estate administrator
• How to locate the property documents

The will should be stored with or cross-referenced to a property file containing:

• Title deed
• Sale and purchase agreement
• Lease agreement
• Banking and FET records
• Company documents
• Marriage and family records
• Passport copies
• Juristic-person details
• Lawyer’s contact information

A missing original can cause significant difficulty even when family members have an unsigned copy.

17. The will should be reviewed periodically

A will should be reviewed after important events such as:

• Marriage
• Divorce
• Birth or adoption of a child
• Death of a beneficiary
• Change of executor
• Purchase or sale of property
• Change in ownership structure
• New nationality or residence
• Significant change in Thai law
• Major change in personal circumstances

A review does not always require a new will, but any amendment must follow the correct legal formalities.

Greg’s professional perspective

A Thai will is one of the least expensive protections a foreign property owner can put in place, yet it is often postponed because it does not feel urgent.

The real value is not just deciding who receives the property. A good will gives the family a practical roadmap:

1. What assets exist.
2. Who should receive them.
3. Who has authority to manage the estate.
4. Where the original documents are stored.
5. What should happen if a foreign heir cannot retain ownership.
6. How the Thai estate fits with assets in other countries.

For a straightforward condominium purchase, this planning does not need to be elaborate. It does need to be legally valid, accurately drafted and coordinated with any overseas will.

Buying the property creates the asset. Preparing the succession plan protects what happens to it next.

Applicable date

Current as reviewed on: 20 July 2026

Thai succession law, condominium law, court procedures and Land Office requirements can change. This entry should be reviewed whenever the Thai Civil and Commercial Code, Condominium Act or relevant estate-administration procedures are amended.

Location and property types

Location: Phuket, Thailand
Primary property type: Condominiums, buildings, villas, registered leaseholds and property-related company shares
Ownership type: Foreign freehold, Thai freehold, building ownership, leasehold and other legally registered interests
Buyer type: Foreign property owners, spouses, heirs and estate administrators

Verified legal and authoritative sources

• Thai Civil and Commercial Code — particularly Book VI concerning succession, statutory heirs, wills, estate administrators and distribution of estates.
• Department of Provincial Administration guide to Thai wills — official guidance describing the five legally recognised forms of wills and their formal requirements.
• Department of Provincial Administration will-registration guidance — official explanation of ordinary, handwritten, public-document, secret and oral wills.
• Courts of Justice Estate Administration Centre — official court information concerning applications for appointment of an estate administrator.
• Condominium Act B.E. 2522 (1979), as amended — relevant provisions concerning foreign inheritance, ownership eligibility, foreign quota and required disposal.
• Thailand Department of Lands — official procedures for registering inherited property interests and condominium ownership.
• Phuket Provincial Court and Phuket Provincial Land Office — responsible authorities for estate-administration orders and registration of inherited property rights in Phuket.

Related questions

• Can a foreigner inherit a condominium in Thailand?
• What happens if a foreign owner dies without a Thai will?
• Who are the statutory heirs under Thai law?
• Can a foreign spouse inherit a Phuket property?
• Are Phuket villa leasehold rights inheritable?
• Can a foreign heir retain an inherited condominium?
• What documents are required to transfer inherited property?
• How should a Thai will be coordinated with a foreign will?

Knowledge-catalog administration

Disclaimer

This entry provides general educational information and does not constitute legal, tax, succession, probate, estate-planning or financial advice. The validity and effect of a will depend on its form, execution, assets, beneficiaries, ownership structure and interaction with laws in other jurisdictions. Foreign property owners should obtain individual advice from a qualified Thai succession lawyer and coordinate the Thai will with legal and tax advisers in their home country.