What are some budget-friendly options for creating a will in Thailand?

January 15, 2024
8 months ago
Matthew ********
ORIGINAL POSTER
Any cheap recommendations to make a will / last testimony in Thailand and costs
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TLDR : Answer Summary
Several cost-effective options for drafting a will in Thailand have been shared, ranging from DIY methods to hiring legal services. Some commenters suggested writing a holographic will for free and having it photographed, while others recommended using templates from websites like 'samuiforsale' for a fee of around $20. Legal services were also mentioned, with prices varying from about 5,500 to 8,000 THB from different lawyers, many of whom can create wills in both English and Thai. It is important to note that certain procedures must be followed for the will to be valid in Thailand, particularly for asset distribution involving bank accounts.
Christopher *************
Don't leave anything , have a proper life now ffs
Bruce ***********
Thailawonline
Steve *******
Lawyer and a witness
Philip ********
Y has she he tuk all yor money
Bent *************
Do it yourself amd get it signet by 2 witnesses!
Shayne **********
@Ken ******
can assist.
เฟร็ด **********
you can do it yourself
Luc ********
Following.
Matt ************
thaibusinesshelp.com 5000 Baht for Thai legal will. Executor fee is 5% of estate.
Thomas *********
@Matt ***********
5%?????? 🤣😂😅😁😆🤣😂😅😁😆
Nongnuch ********
@Matt ***********
😅😆😅 one must be crazy to do any business with this guy
Matthew ********
ORIGINAL POSTER
@Matt ***********
sounds good
Zun **********
just give it a try with this >>
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John *********
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The client affairs manager is a British lawyer, and the firm has in-house, Thai, lawyers and barrister

They complete last wills in both English and Thai for 5500 
Nongnuch ********
visit the website "samuiforsale" dot com. They offer a Word.doc template that contains a pre-texted Thai Last Will, which you can alter according to your specifications and assets. I bought this template for 20 USD, and re-wrote everything as I saw fit & needed, had it translated into proper Thai by a professional translation office, then went to the Amphur in the company of two witnesses and my girlfriend. At the Amphur, every page was read out aloud, stamped and signed by the Amphur. Only then your Thai Last Will will be valid inside Thailand (only for your assets in Thailand!). . .
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Matthew ********
ORIGINAL POSTER
@Nongnuch *******
I did see that was not sure how it worked but you explained it well thanks 🙏
Gregor **********
@Matthew *******
it must be noted that if the inheritance includes a bank account, a Thai Last Will is not the final say in the matter. The Thai Last Will must then be presented to a Thai court, and only after a court decision, the bank account can be taken over by the beneficiary of the Last Will. This process can last for 6 months or longer
Cliff *********
Do it cheap….get what you pay for. ….
Joe ******
Why you planning on dieing
Sam ********
The most important document of your life, the proper distribution of your assets and you want to do it on the cheap. SMH.
Tulip ********
Nil cost just write it photograph you writing it and completed and holding it up to camera. Keep it simple as you can. Thailand recognizes and upholds this type of will, holographic.
Lynnette *******
@Tulip *******
you've already been told by others this is incorrect. Most of your posts are full of nonsense. Non stop misleading posts.
Nick **********
@Lynnette ******
Tulip is correct here though. Handwritten all by yourself, dated and signed. That's all what is needed. The photograph is not necessary but a nice idea.

Completely legal and correct. (Assuming here that the one writing is at least 15 years old, and there wasn't a court ruling to being unsound of mind..)

There are other types of will also (5 in total), and that's what is making people here confused. Because they are familiar with another type of will, they think that THAT type is the only correct one - which is not true.
Dave **********
@Tulip *******
oh for crying out loud... You don't need a lawyer to do a will, but you do need to do it correctly. 55 1st of all, you have to send off to the embassy and get your Passport.

Translation in certified.. Second of all, you need to write your will and thensertify a translation of your will into the thai languag. Thirdly you go to your local political office and file the will.
Nick **********
@Dave *********
That is not correct. No embassy is involved. No need to file your will to register. Of the 5 types of will specified in Thai civil law, only the last 3 need registering. The first 2 (specified in มาตรา 1656 and 1657 respectivally) do NOT need registering at the district office, and you can even write them in another language, though for smooth execution Thai would obviously better.
Dave **********
Nick MuayPlam If you want an efficient will that cannot be tampered with. You need to certify your passport and its translation With your embassy and the local thai government. You then write your will and have A certified translation of it.

Filed with the local district office. All of this can be done at very little cost, Translations are between 300 and 500 T. H. B. If I'm not mistaken, the file fee was actually less than 100 thb. As you said you don't have to do this this is not the only way, But this is the correct way to see to it that your thailand family receives the money and property that you want them to have. And it's gonna cost you less than 2000 thb total .a small price to pay to insure your family gets what you want them to get,quickly and efficiently. Obtw I followed the coaching of a Thai lawyer to do this for my family:)
Steve **********
@Phil *****
obviously in the language of the country.

Whose going to witness an Inuit document
Nick **********
@Steve *********
The law doesn't dictate it has to be in Thai. Other languages are accepted.

But obviously if written in Thai it will make things a lot easier.
Nick **********
@Phil *****
No stamps needed, no witnesses needed if written in own handwriting.
Nongnuch ********
Nick MuayPlam In Thailand normally not, however if she is your Thai wife, she automatically inherits everything! If the beneficiary is your girlfriend, you need a legal Thai Last Will. . . . Maybe in your home country such a Last Will is valid for your assets in your home country. But NOT in Thailand. Only valid in the written, signed by two witnesses and the beneficiary, and stamped and signed at the Amphur
Nick **********
@Nongnuch *******
I base my comments on the original Thai text regarding the different types of wills described in Thai civil law. The difference between the 5 types are described in sections (มาตรา) 1656 to 1663 as part of the whole set of laws regarding Thai will.
Nongnuch ********
Nick MuayPlam this means, a holographic (handwritten) Thai Last Will is also be subject to be signed before at least two witnesses
Nick **********
@Nongnuch *******
website from the bureau of registration administration (สำนักบริหารการทะเบียน) about Thai wills :

The section about handwritten will :

2] พินัยกรรมแบบเขียนเองทั้งฉบับ

หลักเกณฑ์การทำ

1. ต้องทำเป็นเอกสาร คือ ทำเป็นหนังสือ โดยจะใช้ภาษาไทยหรือภาษาต่างประเทศก็ได้

2. ผู้ทำพินัยกรรมต้องเขียนด้วยลายมือของตนเองทั้งฉบับจะพิมพ์ไม่ได้ เพราะฉะนั้นผู้เขียนหนังสือไม่ได้ ไม่สามารถจะทำพินัยกรรมแบบนี้ได้ -->> พินัยกรรมแบบนี้จะมีพยานหรือไม่มีก็ได้ เพราะกฎหมายไม่ได้ห้ามไว้ <<--

...
Nick **********
@Nongnuch *******
handwritten will doesn't need witnesses. If it needs, please show the specific section where it states that witnesses are needed for handwritten will.

SCB bank website even has an information page about the different wills, with information about the handwritten will :

พินัยกรรมแบบเขียนเองทั้งฉบับ ผู้ทำพินัยกรรมจะทำเป็นเอกสารเขียนเองทั้งฉบับก็ได้ แต่ผู้ทำนั้นต้องเขียนพินัยกรรมนั้นด้วยลายมือตนเอง ลงวัน เดือน ปีที่ทำ และที่สำคัญต้องลงลายมือชื่อผู้ทำด้วย !!-> กรณีนี้จะมีพยานมารับรู้การทำพินัยกรรมด้วยหรือไม่มีก็ได้ <--!!

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Nongnuch ********
Nick MuayPlam it clearly says the witness part in section 1656 which stands ahead of the following 5 types of the Thai Last Will. So it might be right to assume that none of the 5 types can stand alone without at least two witnesses having co-signed. Being the REQUIREMENT that goes with all 5 types
Nick **********
@Nongnuch *******
The misunderstanding comes that you rely upon an English text instead of the actual Thai written law. I rely upon the actual Thai language written law.

1656 precedes 1657, 1658,... but doesn't "govern" or define 1657, ...

There are 5 different types of will

Section 1656 describes the first type of will, commonly known as พินัยกรรมแบบธรรมดา Here the testator can sign or even thumb print a printed will, with 2 witnesses.

Then section 1657 describes the second type of will, commonly known as พินัยกรรมแบบเขียนเองทั้งฉบับ --> this is the handwritten will we're talking about, thimbprint is not allowed. (Wouldn't make sense since this has to be completely handwritten by the testator)

These first 2 wills don't need registering. And the handwritten type (2nd type) doesn't need witnesses either.

Then there are 3 more types :

3.พินัยกรรมทำเป็นเอกสารฝ่ายเมือง --> 1658

4.พินัยกรรมทำเป็นเอกสารลับ --> 1660

5.พินัยกรรมทำด้วยวาจา --> 1663

You can't rely on English versions of the law you find on the internet. The English version is just a "more or less" translation with mistakes.
Nongnuch ********
Nick MuayPlam thank you very much for your efforts in researching this matter!
Nongnuch ********
Nick MuayPlam OK
Nongnuch ********
Nick MuayPlam All and every five types of a Thai Last Will are subject to fulfill the pretext, Section 1656: "A will may be made in the following form, that is to say, it must be made in writing, dated at the time of making of will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator.

No erasure, addition or other alternation in such will is valid unless made in the same form as prescribed by this section."
Nick **********
@Nongnuch *******
Aha, I see where the misunderstanding comes from :

You used section 1656, which is for the first type of will, which needs 2 witnesses. This is for a printed will. And furthermore you used an incorrect English text, not original Thai.

Handwritten will is section 1657, which doesn't need witnesses.
Nongnuch ********
Nick MuayPlam oh my god, you got your wires crossed! WHAT DO YOU NOT understand when it says: "REQUIREMENTS OF (shall I say "ANY"?) A THAI LAST WILL" as the headline clearly written in the section 1656 ? Which is the headline that is PRECEDING the NEXT sections ? It is PRECEDING the following sections! And this means that a handwritten Thai Last Will NEEDS TO BE CO-SIGNED by two witnesses
Lynnette *******
@Tulip *******
posting incorrect information again!
Nongnuch ********
@Phil *****
only stamped and signed by the Amphur, two witnesses, beneficiary and testor! However, if a bank account gets inherited, the Last Will alone is not sufficient, and must be handed to a court for a court approval. Can take up to 6 months
Phil ******
@Matthew *******
costs are high. Get a proper legal firm to prepare
Nongnuch ********
@Phil *****
costs me NOTHING on the Amphur. I only paid for a translation of my English and German text into Thai, by a professional translator at a Bangkok law office. Paid 4000.- THB to translate 14 pages. When the Last Will was read out aloud by the Amphur headman, he lauded the proper Thai text
Phil ******
@Nongnuch *******
Your lucky I don't know your individual circumstances Is that because your thai? Also you you have property/assets in 2 or more countries?

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Nongnuch ********
@Phil *****
Why would I have been lucky? I used the samuiforsale template (which I found is excellent and is made up according to Thai Civil Law) and set up a Thai Last Will in 3 languages. I am a German retiree. I set up a Thai Last Will by myself for my assets in Thailand, went to the Amphur, got each page proofread, signed and stamped in the presence of two witnesses and the beneficiary. And of course I got separate Last Wills, one for assets in my home country and one for my assets in Thailand. I also included a "Living Will" (which my girlfriend would need in case I get hospitalized and which will prevent my corpse from being repatriated) . . .
Matthew ********
ORIGINAL POSTER
Dave ****************
@Tulip *******
not true ...all Thai will has to be witnessed and signed and has to be legally translated in Thai ..
Nick **********
@Dave ***************
Handwritten doesn't need witnesses (but can have witnesses). 2 witnesses needed if printed document.
Nongnuch ********
Nick MuayPlam handwritten - not valid and legal in Thailand, except if the beneficiary is your legal wife or husband
Nick **********
@Nongnuch *******
This must be a misunderstanding, there is nothing in the specification of handwritten testament which limits the beneficiaries to legal partner.

There are 5 different types of testament specified in Thai law.

The handwritten type is the second one --> พินัยกรรมแบบเขียนเองทั้งฉบับ and described in ป.พ.พ. มาตรา 1657 : has to be entirely handwritten and properly signed (no thumbprint as signing) by the person and needs a date (day month year).

To read the law Article 1657 go to the source at

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%20law/pang01.htm

Then use the find function of your browser to look for 1657 and it will bring you to the specific Article for handwritten testament.
Kevin *********
@Tulip *******
Can't see a bank accepting that.

For a start, a Statement of Mind is required alongside a Legal Will and Probate.

Check Thai Law.

Probat
Nick **********
@Kevin ********
According to Thai civil law, unless the testator was declared by court to be not sound of mind which would void the will, claims that testator was not sound of mind at the moment of making the will, needs proof to void the will (meaning the burden of proof lies with those who claim that the testator was not capable of making a Thai will at the time that will was made). Found it in มาตรา 1704
Colin **********
Easy Visa in Pattaya, UK lawyer, 8kthb
Colin **********
@Paul *****
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