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Making a will.

Featured Replies

 

This was about making a will at the amphur and Not using a lawyer, Thank you for all your replies, and I'm sorry Raindancer   but I could not open your message, 

So what did you find out so far? Just interested to know? 

 

I just googled, and all you need is two independent Witnesses.? 

  • Author
4 hours ago, Hummin said:

So what did you find out so far? Just interested to know? 

 

I just googled, and all you need is two independent Witnesses.? 

Well the member Raindance told me he did it, and as far as I understood at least one witness of at least one must speak Thai and English, he sent me mail but I couldn't open it "could not open what you are trying to view.........

  • Popular Post
4 hours ago, brian69 said:

Well the member Raindance told me he did it, and as far as I understood at least one witness of at least one must speak Thai and English, he sent me mail but I couldn't open it "could not open what you are trying to view

 

I plan to do the same since we are only married abroad and not registered in Thailand. Make it easier for my wife if something happened. Of course make it English and Thai and use Notarize to validate the documents. 

 

There is several «Law» guiding web sites available with straight forward information. 

 

 

 

So I asked AI 

make last will in thailand foreigner thai wife?

 
A foreigner can make a valid will in Thailand
, and it is highly recommended to have a separate Thai will specifically for your Thai assets, particularly if you are married to a Thai national or own real estate. This simplifies the probate process for your surviving spouse and beneficiaries. 
 
Key Considerations for Foreigners with a Thai Wife
  • Simplifies Administration: While foreign wills are technically enforceable in Thailand, they require translation, legalization, and court approval, which is time-consuming and burdensome for grieving family members. A specific Thai will for Thai assets streamlines this process.
  • Ensures Spouse's Inheritance: The statutory inheritance rules in Thailand follow a fixed order of heirs. A will allows you to explicitly name your Thai wife as the sole beneficiary and executor, ensuring she inherits everything you intend her to and avoiding potential conflicts with other family members (e.g., parents, siblings, or children from previous relationships).
  • Addresses Land Ownership Issues: Thai law generally restricts a foreigner from owning land. While a foreigner can inherit land, they cannot retain ownership and must sell or transfer the property to a Thai national within one year. Naming your Thai wife as the executor and beneficiary helps manage this process smoothly.
  • Coordinates with Foreign Wills: If you have assets in other countries, it is best practice to have two separate wills: one for your Thai assets and another for your foreign assets. Ensure the foreign will explicitly excludes your Thai assets to avoid conflicts or accidental revocation of the Thai will. 
 
How to Make a Valid Thai Will
The most common form for foreigners is a simple written will under Section 1656 of the Thai Civil and Commercial Code, which requires the following: 
  1. In Writing: The will must be a physical document, dated at the time of making.
  2. Signed by Testator: You (the testator) must sign the will.
  3. Two Witnesses: The signing must be done in the simultaneous presence of at least two qualified witnesses, who must also sign the will at the same time.
  4. Witness Qualifications: Witnesses must be at least 20 years old, of sound mind, and not a beneficiary (or married to a beneficiary) of the will.
  5. No Notarization Required: Notarization is not legally required for the will to be valid in Thailand, but some choose to do so as an extra safeguard.
  6. Language: The will can be written in English or Thai, but if in English, a certified Thai translation will be needed later during the probate process. Many legal services provide dual-language wills to circumvent this. 
 
Professional Assistance
Given the complexities of international estate planning and Thai property law, it is strongly recommended to use a qualified, full-service Thai law firm or legal service to draft your will. They can ensure compliance with local laws and help coordinate with your estate planning in your home country. 
  • Author
1 hour ago, Hummin said:
  • In Writing: The will must be a physical document, dated at the time of making.
  • Signed by Testator: You (the testator) must sign the will.
  • Two Witnesses: The signing must be done in the simultaneous presence of at least two qualified witnesses, who must also sign the will at the same time.
  • Witness Qualifications: Witnesses must be at least 20 years old, of sound mind, and not a beneficiary (or married to a beneficiary) of the will.
  • No Notarization Required: Notarization is not legally required for the will to be valid in Thailand, but some choose to do so as an extra safeguard.
  • Language: The will can be written in English or Thai, but if in English, a certified Thai translation will be needed later during the probate process. Many legal services provide dual-language wills to circumvent this. 

Yes this, thanks that is clear, as for language it can be written in Thai as I know a Thai lady who I will ask to be a witness, she has a very good understanding of Thai law and speaks excellent English, and of course now, anything I may not completely understand there is the voice translation on their phones.

Thanks very much  :thumbsup:

I am also in the process of setting up a will so that my wife gets all my assets in Thailand.

 

My big problem is how to ensure that my wife gets my 2 pensions from the UK when I die.

53 minutes ago, billd766 said:

I am also in the process of setting up a will so that my wife gets all my assets in Thailand.

 

My big problem is how to ensure that my wife gets my 2 pensions from the UK when I die.

You need to contact your pension providers and find out what your widow's entitlement will be, and exactly how she can claim it.

They will probably need your marriage certificate, a copy of her birth certificate, a copy of the death certificate, and details of her bank account. 

If you have someone you trust back home, you could give them your wife's power of attorney so they can deal with your pension providers on her behalf.

My wife has given power of attorney to my 2 adult children in the UK, and I have sent copies to my pension provider.

Hopefully, this will make things much easier for her when the time comes.

  • Author
10 hours ago, billd766 said:

I am also in the process of setting up a will so that my wife gets all my assets in Thailand.

 

My big problem is how to ensure that my wife gets my 2 pensions from the UK when I die.

If one is a state pension then she will get nothing.

10 hours ago, chickenslegs said:

You need to contact your pension providers and find out what your widow's entitlement will be, and exactly how she can claim it.

They will probably need your marriage certificate, a copy of her birth certificate, a copy of the death certificate, and details of her bank account. 

If you have someone you trust back home, you could give them your wife's power of attorney so they can deal with your pension providers on her behalf.

My wife has given power of attorney to my 2 adult children in the UK, and I have sent copies to my pension provider.

Hopefully, this will make things much easier for her when the time comes.

Thank you.

 

I have just about all of that, except ,y wife's birth certificate.

 

The pension providers  do have a bereavement sheet telling her want they want, in ENGLISH, but they will not send a copy to me, even though it is about me, and I can help her out, as the form seems to be a cosmic top secret, burn before reading form.

 

 

1 hour ago, brian69 said:

If one is a state pension then she will get nothing.

Thank you.

 

I actually get 3 pensions, but one is the frozen state pension which dies with me.

  • 2 weeks later...

At my amphor in central Bangkok they will accept a will from a foreigner and store it. The will must be in Thai although could have English translation. It needs to be signed by two witnesses and sealed. As I understood it they were simply holding the will and not providing any sort of verification, certification, notarization. As I recall they informed me it should be put in an envelope with the name of the person that would retrieve it (executor, wife) as well as simple instructions that might be necessary before the will was opened. 

 

I think I'll create two. One for the wife and drop another at the registrar 

 

Anyone know where to get sealing wax in Thailand?

On 12/4/2025 at 8:38 AM, brian69 said:

If one is a state pension then she will get nothing.

 

In the US a wife may claim a fraction of her husband's social security if she herself has lived in USA for no less than five years plus some additional hoops. 

I couldn't edit in time, sorry 

 

Will must also include some doctor certification you are of sound mind. I think the amphor wanted this to accept - I'd also include it within the will itself in the envelope 

  • Author
1 minute ago, MarcusAurelius said:

I couldn't edit in time, sorry 

 

Will must also include some doctor certification you are of sound mind. I think the amphor wanted this to accept - I'd also include it within the will itself in the envelope 

I don't think I'll need that, all my assets are here.

On 12/4/2025 at 9:50 AM, billd766 said:

Thank you.

 

I have just about all of that, except ,y wife's birth certificate.

 

The pension providers  do have a bereavement sheet telling her want they want, in ENGLISH, but they will not send a copy to me, even though it is about me, and I can help her out, as the form seems to be a cosmic top secret, burn before reading form.

 

I spoke with my pension provider about this & just needed to complete an "Expression of Wishes" form with them for my partner (Not married) to recieve 50% of my Final Salary pension (max they can recieve) on my death. 

 

I have other UK assets that I would want to go to her when I die so will do a Will and include the pension element but if all that I had in the UK was this pension then I wouldn't bother with the UK Will. 

 

FWIW I'm taking my Defined Contribution pensions in cash in Feb but have also completed an "Expression of Wishes" for her to recieve those if I die before then (Hopefully I'll live to see 60 🙂). 

15 minutes ago, SamSpade said:

I spoke with my pension provider about this & just needed to complete an "Expression of Wishes" form with them for my partner (Not married) to recieve 50% of my Final Salary pension (max they can recieve) on my death. 

 

I'm in a similar position and I have left a note to my partner advising some other details with regards to this. Namely that she will receive correspondence from  the pension administrators occasionally to confirm she is still alive herself and also that if she was to get married the pensions would cease. Shame about the UK state pension not being transferable; I believe one of the reasons was due to elderly UK women marrying young Africans and passing on the pension to them. Any one else that isn't married to their Thai wife should check the relationship requirements as the definition of a 'partner' varies; some require the surviving partner to prove that she was reliant on the deceased's income.

1 hour ago, MarcusAurelius said:

At my amphor in central Bangkok they will accept a will from a foreigner and store it. The will must be in Thai although could have English translation. It needs to be signed by two witnesses and sealed. As I understood it they were simply holding the will and not providing any sort of verification, certification, notarization. As I recall they informed me it should be put in an envelope with the name of the person that would retrieve it (executor, wife) as well as simple instructions that might be necessary before the will was opened. 

 

I think I'll create two. One for the wife and drop another at the registrar 

 

Anyone know where to get sealing wax in Thailand?

* live in rural Kamphaeng Phet and I will make 5 copies in English and then make 5 Google translated copies in Thai.

 

In English, 1 copy each for my 2 remaining pensions, and one for Wise Bank UK, 1 for my wife and 1 left in the top drawer.

 

In Thai, 1 for the joint bank account at Kbank, 1 for my sole account at Bangkok bank, 1 for my wife, 1 for the amphur and 1 left in the top drawer.

17 hours ago, brian69 said:

I don't think I'll need that, all my assets are here.

 

That's what the amphor asked of me. This is kinda common ask if you think about it... Need a medical certificate at 40yo for a drs license and simply to hold a job. The way I understood was it's basically a medical certificate I need to hunt down a psychologist in Thailand. The cost is nominal and your amphor may vary, but I'd recommend bc why not? 

  • Author
6 minutes ago, MarcusAurelius said:

 

That's what the amphor asked of me. This is kinda common ask if you think about it... Need a medical certificate at 40yo for a drs license and simply to hold a job. The way I understood was it's basically a medical certificate I need to hunt down a psychologist in Thailand. The cost is nominal and your amphor may vary, but I'd recommend bc why not? 

Just to point out you need a med. cert. at any age for a driving license. I don't hold a job. what is 'bc'

3 minutes ago, brian69 said:

Just to point out you need a med. cert. at any age for a driving license. I don't hold a job. what is 'bc'

bc = Because

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Just now, brian69 said:

Just to point out you need a med. cert. at any age for a driving license. I don't hold a job. what is 'bc'

Because 

On 12/3/2025 at 6:35 PM, Hummin said:

 

I plan to do the same since we are only married abroad and not registered in Thailand. Make it easier for my wife if something happened. Of course make it English and Thai and use Notarize to validate the documents. 

 

There is several «Law» guiding web sites available with straight forward information. 

 

 

 

So I asked AI 

make last will in thailand foreigner thai wife?

 
A foreigner can make a valid will in Thailand
, and it is highly recommended to have a separate Thai will specifically for your Thai assets, particularly if you are married to a Thai national or own real estate. This simplifies the probate process for your surviving spouse and beneficiaries. 
 
Key Considerations for Foreigners with a Thai Wife
  • Simplifies Administration: While foreign wills are technically enforceable in Thailand, they require translation, legalization, and court approval, which is time-consuming and burdensome for grieving family members. A specific Thai will for Thai assets streamlines this process.
  • Ensures Spouse's Inheritance: The statutory inheritance rules in Thailand follow a fixed order of heirs. A will allows you to explicitly name your Thai wife as the sole beneficiary and executor, ensuring she inherits everything you intend her to and avoiding potential conflicts with other family members (e.g., parents, siblings, or children from previous relationships).
  • Addresses Land Ownership Issues: Thai law generally restricts a foreigner from owning land. While a foreigner can inherit land, they cannot retain ownership and must sell or transfer the property to a Thai national within one year. Naming your Thai wife as the executor and beneficiary helps manage this process smoothly.
  • Coordinates with Foreign Wills: If you have assets in other countries, it is best practice to have two separate wills: one for your Thai assets and another for your foreign assets. Ensure the foreign will explicitly excludes your Thai assets to avoid conflicts or accidental revocation of the Thai will. 
 
How to Make a Valid Thai Will
The most common form for foreigners is a simple written will under Section 1656 of the Thai Civil and Commercial Code, which requires the following: 
  1. In Writing: The will must be a physical document, dated at the time of making.
  2. Signed by Testator: You (the testator) must sign the will.
  3. Two Witnesses: The signing must be done in the simultaneous presence of at least two qualified witnesses, who must also sign the will at the same time.
  4. Witness Qualifications: Witnesses must be at least 20 years old, of sound mind, and not a beneficiary (or married to a beneficiary) of the will.
  5. No Notarization Required: Notarization is not legally required for the will to be valid in Thailand, but some choose to do so as an extra safeguard.
  6. Language: The will can be written in English or Thai, but if in English, a certified Thai translation will be needed later during the probate process. Many legal services provide dual-language wills to circumvent this. 
 
Professional Assistance
Given the complexities of international estate planning and Thai property law, it is strongly recommended to use a qualified, full-service Thai law firm or legal service to draft your will. They can ensure compliance with local laws and help coordinate with your estate planning in your home country. 

A very good and well explained post.

 

It is something that I plan to do starting this week.

  • Author
50 minutes ago, MarcusAurelius said:

Because 

Or Becoz......:coffee1:

14 minutes ago, billd766 said:

A very good and well explained post.

 

It is something that I plan to do starting this week.

 

I did a 'Thai WILL' last year, just seen this thread so thought i'd post this link:

 

as it has some good info from @khunPer

 

just to add, what i did was in addition to making my written 'Thai WILL' ....I made a video explaining it, wife has the video on a flash-drive in a safe place.

 

 

3 hours ago, CaptainPeacock said:

 

I did a 'Thai WILL' last year, just seen this thread so thought i'd post this link:

 

as it has some good info from @khunPer

 

just to add, what i did was in addition to making my written 'Thai WILL' ....I made a video explaining it, wife has the video on a flash-drive in a safe place.

 

 

Another good idea that I wish I had thought about.

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