Cross-Border Will & Probate Notarization for Foreigners — Thai-Situs Will + Foreign Will + Living Trust + MFA Apostille (มีผล 28 ก.พ. 2570)

Why does a foreigner need a Thai will separate from a home-country will?

Thailand applies **lex rei sitae** to real estate and Thai-situs assets (CCC § 1606 + Conflict of Laws Act 2481 § 37). A foreign will is recognised but probate then takes 12–24 months including translation, apostille, and legalization. A Thai will — ideally a **public will at the amphur** — cuts probate to 3–6 months. The **concurrent-wills strategy** lets the Thai will govern Thai-situs assets and the foreign will govern foreign-situs assets without either revoking the other.

Can a foreigner inherit land in Thailand?

No. Under Land Code § 93 a foreigner cannot own freehold land, even by inheritance. A foreign heir must dispose of inherited land within **one year** or the Director-General of the Land Department orders a forced sale. Workable options: condo within the 49% foreign quota, 30-year lease with renewal, lifetime usufruct (CCC § 1417), 30-year superficies (CCC § 1410). Planning ahead by converting land into a condo or long-term lease is the standard approach.

Which type of will is the strongest and least contestable?

The **public will at the amphur (CCC § 1658)** — filed before the district registrar with two witnesses, recorded by the officer, and the original kept at the amphur. It reduces contests by roughly 90% because (1) testamentary capacity is checked at filing; (2) the original cannot be forged; (3) formal compliance is documented; (4) the public record fixes the date with certainty. Next best is a **2-witness will (CCC § 1656)** that is notarised.

Does a US living trust reach Thai-situs property?

No. Thai law has no general trust concept (the narrow exception is the Trust for Capital Market Transactions Act 2550 for securities). A US living trust **cannot** validly hold Thai real estate, condos, or Thai bank accounts. It can hold foreign-situs assets. The standard solution is a **pour-over will** for the Thai estate alongside the living-trust + pour-over for the foreign estate.

How is the 2558 inheritance tax calculated?

Threshold THB 100M net per heir: bloodline ascendants / descendants = 5%; other heirs = 10%; spouses = exempt. File within 180 days of distribution. Foreign-situs assets of a non-Thai decedent are out of scope (source-based). A separate gift tax applies above THB 20M per year at 5%. Example: a child inheriting THB 150M pays (150M − 100M) × 5% = THB 2.5M.

How long does probate take in Thailand?

Thai public will at the amphur: 90–180 days. Thai holographic or standard will: 180–270 days. Foreign will only: 12–24 months (translation, apostille, foreign-court liaison, and a 6-month creditor notice). Advance asset-scheduling and coordination with the foreign executor are the practical accelerators.

Is an unregistered partner (common-law spouse) a statutory heir?

No. Thailand does not recognise common-law marriage (the narrow exception is pre-1935 unions). The spouse must be **registered with the amphur** to qualify as a statutory heir under CCC § 1629(6). Solution for unregistered partners: a will naming the partner as a beneficiary directly — valid but vulnerable to a statutory-heir challenge if the estate is large.

Can an EU citizen opt into home-country law under Brussels IV?

EU Succession Regulation 650/2012 Art. 22 allows EU citizens to elect their national law in the will. However, **Thailand is not a party to Brussels IV**, so Thai courts apply CCC § 1606 + Conflict of Laws Act 2481 § 37: real estate = Thai law; movables = lex domicilii. Best practice: two wills — a Thai will following Thai law, plus an EU will containing the choice-of-nationality clause for use in the EU.

Is a UK grant of probate directly usable in Thailand?

No — Thai law has no treaty recognition of foreign grants of probate, so the will must be probated again here. The steps are: (1) apostille the UK grant at the FCDO; (2) certified translation; (3) notarise the translation; (4) petition the Thai Civil Court to appoint an estate administrator, citing the UK grant as persuasive evidence. Add 6–12 months.

Are holographic (handwritten) wills actually usable?

Yes, under CCC § 1657, provided the will is (1) entirely **handwritten by the testator** (typing is invalid); (2) dated (day / month / year); (3) signed by the testator. No witnesses required. The contest risk is high because handwriting verification, dating, and mental capacity must each be re-litigated. Use only as an emergency will and convert it to a public will at the amphur as soon as possible.

Who qualifies as a witness on a Thai will?

Under CCC §§ 1670–1672: (1) at least 20 years of age; (2) of sound mind and legally competent; (3) not deaf, mute, or blind (any single one disqualifies); (4) **not a beneficiary or the spouse of a beneficiary** (CCC § 1653) — otherwise the bequest to that beneficiary is void; (5) **not the notary certifying the will** (Lawyers Council Notarial Services Regulation B.E. 2546 § 23).

What does Cross-Border Will & Probate cost?

Fixed fee: (1) holographic-will drafting + notarisation = quote on request (phone / LINE / email); (2) standard 2-witness will + notarisation = quoted on request; (3) public will at the amphur (with coordination) = quoted on request; (4) concurrent Thai + foreign will coordination = quoted on request; (5) living-trust certification = quoted on request; (6) grant-of-probate authentication + Thai probate filing = quoted on request (estate-value dependent); (7) estate inventory affidavit = quoted on request; (8) MFA Apostille = quoted on request for same-day. **No contingency on the estate** under Ethics § 11.

How is confidentiality of the will protected?

(1) Attorney-client privilege under Lawyers' Ethics § 12; (2) PDPA 2562 for beneficiary personal data; (3) the will is kept in the notary safe with a backup at the Lawyers Council registry; (4) a public will at the amphur is confidential until the testator's death and is then released only on a court order; (5) Lloyd's PI insurance at THB 50M per occurrence; (6) the letter of wishes is confidential to the executor or trustee.