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How do I make a will in Thailand as a foreigner?
Foreigners can make a valid will in Thailand. Thai law recognizes 5 types of wills. A standard written will signed before 2 witnesses is most common. It covers Thai assets and can coexist with wills in your home country. Costs range from THB 5,000-30,000 with a lawyer.
Detailed Answer
Making a will in Thailand as a foreigner: **5 types of wills under Thai Civil and Commercial Code (Sections 1655-1672):** 1. **Written will with witnesses** — most common, typed or handwritten, signed by testator and 2 witnesses 2. **Holographic will** — entirely handwritten, dated, and signed by testator (no witnesses needed) 3. **Public will (Amphur will)** — made before a district officer, very formal 4. **Secret will** — sealed and declared before district officer and 2 witnesses 5. **Oral will** — only valid in imminent danger of death, before 2 witnesses, must be confirmed by court **Key rules for foreigners:** - You CAN make a Thai will covering Thai assets (bank accounts, condos, vehicles, investments) - Thai will should ONLY cover Thai assets — make a separate will in your home country for non-Thai assets - Both wills should reference each other to avoid conflicts - A Thai will should ideally be in Thai and English (bilingual) - Your home country's will CANNOT directly dispose of Thai assets without Thai probate **Inheritance rules if you die WITHOUT a will (intestate):** - Thai statutory heirs inherit in this order: children, parents, siblings, grandparents, aunts/uncles - Surviving spouse receives 50% of marital property + shares with other heirs - Bank accounts can be frozen for months/years pending probate - Condo foreign quota may be lost if not properly transferred **Practical steps:** 1. List all Thai assets (bank accounts, property, vehicles, investments) 2. Decide beneficiaries for each asset 3. Engage a Thai lawyer to draft a bilingual will (THB 5,000-30,000) 4. Sign before 2 witnesses (who are NOT beneficiaries) 5. Store original securely; give copies to executor and lawyer 6. Review and update after major life events **Common mistakes:** - Making one global will that revokes the Thai will - Not appointing an executor based in Thailand - Including conditions that violate Thai law (e.g., discriminating by religion) - Failing to consider estate taxes in your home country
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