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An ordinary Thai will must be in writing, dated, and signed by the testator in front of at least two witnesses. The witnesses have to be present together and sign at that same sitting, not later (Civil and Commercial Code, section 1656). A witness who signs after the fact makes the whole will void under section 1705. A witness, the person who wrote the will, and their spouses take nothing under it, but the rest of the will stays valid (sections 1653, 1705). No notary and no registration are required.
In short
- An ordinary will needs two witnesses, present together, signing at the same time as the testator.
- A witness, the will's writer, and their spouses cannot inherit under that will, but the rest of it still works.
- Witnesses must be adults (20, or younger if lawfully married) and not deaf, mute or blind. The Code sets no nationality condition.
- No notary and no registration are required for an ordinary will.
- Since 24 March 2026, a public will can reportedly be made at any district or khet office in Thailand, not only the one tied to your house registration, though the regulation's own text has not been verified.
Forms of will in Thailand
Thai law recognizes five forms of will (Civil and Commercial Code, sections 1655–1663). A testator must be at least 15 years old and of sound mind to make any of them. For many foreigners, an ordinary written will is a straightforward option to consider, depending on their circumstances.
| Form | Witnesses | Where it is kept | Main risk |
|---|---|---|---|
| Ordinary (written) | At least two, present together, signing with the testator | Wherever the testator or family keeps it; nothing requires registration | Witnesses signing at different times, or a missing date, make it void |
| Holographic (handwritten) | No witnesses required under section 1657; the entire text, date and signature must be handwritten by the testator | Privately with the testator | Any part not written entirely in the testator's own hand can void it |
| Public (made at a district office) | The district officer and witnesses take part in the process | Filed with the district office | Made through a district officer under section 1658; section 1659 allows it to be done outside the office at the testator's request |
| Secret (sealed) | Presented already sealed to the district officer and at least two witnesses; the declaration and envelope are completed under section 1660 | Kept confidentially by the district officer during the testator's lifetime; the testator may retrieve it (section 1662) | A missed formality in sealing or declaring it can cost the will its validity |
| Oral | Allowed only in extraordinary circumstances set by law | At least two witnesses must report without delay to a district officer, who records their statement for them to sign (section 1663); the will lapses one month after the testator can again make a will in another form (section 1664) | Must go through the district-officer recording procedure described above, or it is not valid |
For most clients buying property or settling in Phuket, the ordinary written will is the right tool, and our lawyers draft it so that the witness requirements below are met from the first signature.
Witnesses: how many, who can and who cannot
An ordinary will needs at least two witnesses who are present at the same time as the testator signs, and who sign then and there (section 1656). If one witness turns up later to add a signature, the entire will becomes void (section 1705) — not just that signature.
Witnesses must also meet the conditions of section 1670: they must be of full age, of sound mind, and not deaf, mute or blind. Full age in Thailand is 20, or younger if the witness is lawfully married. The Civil and Commercial Code sets no nationality requirement, so a foreign friend, colleague or lawyer can witness a Thai will just as a Thai national can.
Separately, sections 1653 and 1705 bar a witness, the person who actually wrote the will's text, and the spouses of either, from taking any gift under it. This does not invalidate the whole document — only the clause that would have benefited that person fails, and the rest of the will is read and carried out as written. In practice this means a spouse or an adult child who is also named as a beneficiary should not act as a witness, because doing so can cost them their own inheritance while leaving everyone else's unaffected.
We advise clients to invite two adult witnesses, over 20, who receive nothing under the will — for example, staff members or a second lawyer — so there is no question about anyone's gift later.
Signing day: the steps that matter
- Write the date on the will before anyone signs.
- Bring the testator and both witnesses into the same room at the same time.
- The testator signs first.
- Both witnesses then sign, in front of the testator, in that same sitting.
- If the testator cannot sign, a fingerprint is used instead — but it must be certified by two witnesses at the time it is made (sections 1665, 1666). The witnesses themselves still sign with their own signature, not a fingerprint.
Missing the date, or not having the testator and witnesses sign together at one sitting as section 1656 requires, can make the will void under section 1705. Our lawyers can organize the signing so that the testator and both witnesses are in the same place and sign together.
Language and translation
The Civil and Commercial Code does not set a language requirement for a will. A will written in English or any other language is not invalid for that reason alone. If the will is ever brought before a Thai court — for a probate order appointing an administrator, for example — Thai legal practice expects a certified Thai translation to go with it, since the court works in Thai.
Section 1670 sets no express language condition for witnesses. Whether a witness also needs to understand the language of the will has not been confirmed from an official source, so check this before signing. Where the testator writes the will in a language the witnesses do not read, we recommend keeping a short, signed note of what was explained to them. We prepare documents in Thai together with Russian or English, so the file is ready if it is ever needed in court.
Registering at the district office: is it needed
An ordinary will does not need to be registered anywhere. Section 1656 sets the core execution formalities for an ordinary written will: writing, a date, the testator's signature, and two witnesses signing together. The testator's age and capacity, who may witness, the fingerprint rule, and which gifts are barred are covered separately by sections 1653, 1665–1666, 1670 and 1703–1705.
The public will is different: the testator declares the contents before a district officer under the procedure in section 1658, and witnesses take part in the process; section 1659 allows it to be done outside the office if the testator asks. Since 24 March 2026, this has reportedly been possible at any district or khet office in Thailand, not only the office that holds the testator's house registration, under a Ministerial Regulation that Thai broadcasters report at a fee of around THB 250; the regulation's own text has not been confirmed for this guide. A testator who wants extra certainty, or who worries about disputing relatives, may prefer this form precisely because the document is filed with a government office rather than kept at home.
Mistakes that get a will challenged
- Witnesses signed at different times. Section 1705 makes the whole will void if a witness signs later than the sitting at which the testator signed. There is no partial fix — the document has no legal effect.
- A witness, or their spouse, is also a beneficiary. The gift to that person fails under sections 1653 and 1705; the rest of the will remains valid, but the intended gift is lost.
- A witness was under 20 and unmarried, or otherwise did not meet section 1670. A deaf, mute or blind witness, or one who had not reached full age, does not count as a valid witness, which can leave the will with fewer than two.
- No date, or an unclear date. Section 1656 requires a date; without one, the will does not meet the form the Code requires.
- A fingerprint used without two witnesses certifying it at the time. Sections 1665 and 1666 allow a fingerprint only when it is made and certified before two witnesses on the spot.
Before a client relies on a will, our lawyers check the date, the signatures, and who stands among the beneficiaries — because a problem with any one of these is usually invisible to the testator until someone tries to use the document.
What to do next
A will that looks complete can still fail on a formality that has nothing to do with what the testator wanted. If you already have a signed will, send it to us: our team will review the date, the witnesses and who benefits, and tell you plainly whether it holds up. If you are starting from scratch, we can draft the will and arrange for the testator and witnesses to sign together properly.
This is one part of a larger plan. Most foreigners in Thailand also need to think about how a Thai will fits with a will made at home: the two need to be coordinated on what property each covers and how revocation clauses are worded, since a later will or a general revocation clause can affect the Thai will as well. Our page on making a will in Thailand with a lawyer covers the whole service, including drafting and witnessing. A short example of how two wills can work together without conflict is in this typical case. For the wider picture of Thai succession rules, see our guide to inheritance in Thailand.
We prepare the will and supporting documents in Thai alongside English or Russian, and we respond to a submitted draft within 24 hours.
