Succession Planning 2026 — Foreigner-in-Thailand Will, Trust, and Corporate Governance

**Thai succession is situs-based:** Thai courts have exclusive jurisdiction over Thai-situs immovables (land, condominium freehold) and primary jurisdiction over Thai-situs movables (Thai bank accounts, Thai-registered shares). Foreign wills can be recognised but require probate-translation + Thai court order — adds 6–18 months and quote on request (phone / LINE / email) K–600K legal cost.

**Foreign assets:** governed by domicile-of-deceased rules (most common-law) or nationality rules (most civil-law). A Thai will covering 'all worldwide assets' may be unenforceable in the asset-situs jurisdiction.

**Best practice:** mirror-pair of wills — one Thai (Thai assets only), one home-jurisdiction (everything else), with carefully drafted savings clauses so neither revokes the other.

**Five permitted forms:** (1) ordinary written will with 2 witnesses § 1656; (2) holographic (entirely handwritten + dated + signed) § 1657; (3) public document at District Office § 1658; (4) secret document § 1660; (5) oral in emergency § 1663.

**Most common for foreigners:** § 1656 ordinary written, drafted in TH + EN bilingual, executed under notarial-services attorney witness for evidentiary weight.

**Foreign-language wills:** must be accompanied by certified Thai translation at probate; drafting bilingual at outset avoids future translation disputes.

**Executor:** Thai will should name a Thai-resident executor (or Lovable as professional executor) — avoids requiring foreign-executor recognition order.

**Thai law DOES NOT have forced heirship** for movables/immovables in the way civil-law systems do — a foreigner may dispose freely.

**BUT spouse statutory share (CCC § 1635):** absent a will, spouse takes 50% of community property + statutory share of separate property alongside other heirs (1/2 with children, 2/3 with parents).

**Practical implication for foreigners:** intestacy can leave a Thai spouse competing with the deceased's overseas children for Thai-situs assets — common cause of family litigation. Always have a will.

**Why SHA is essential:** Thai limited-company shares are NOT freely transferable by inheritance if AOA restrict transfer (most AOA have right-of-first-refusal). Heirs may inherit economic interest but not voting control without board consent.

**SHA mechanics:** (i) deemed-transfer trigger on shareholder death; (ii) ROFR price formula (book value, EBITDA multiple, independent appraisal); (iii) interim management (who chairs board until estate settles); (iv) drag/tag if controlling shareholder dies.

**Notarial execution:** SHA signed under notarial-services attorney witness; original held in DBD filing + executor's file + each shareholder.

**Coordination with Thai will:** will should reference SHA and direct executor to comply with ROFR — prevents heir litigation against company.

**Concept:** Thai will + foreign will both contain pour-over clauses directing residue to a pre-existing offshore trust (Cayman, BVI, Jersey).

**Why use:** trust then administers post-death — avoids multi-jurisdiction probate, accelerates beneficiary distribution, preserves privacy.

**Requirements:** trust must exist + be funded with at least nominal corpus AT THE TIME the wills are executed (avoids 'unfunded trust' challenges).

**Notarial chain:** will execution + trust deed + funding-confirmation letter from trustee — all linked and notarised, Apostilled if cross-border.

**Statutory basis:** Thailand recognises Advance Directives under § 12 National Health Act 2007 (BE 2550) — patient may refuse life-sustaining treatment in terminal illness.

**Form:** must be in writing, specific (withhold ventilator, CPR, ANH), notarised + witnessed, lodged with primary hospital + family members + Thai counsel.

**Healthcare Power of Attorney:** separate document naming health-decision agent for non-terminal incapacity. Less developed in Thai statute — execute as enduring POA + notarial execution for international acceptance.

**CCC § 1585 et seq:** parents may nominate guardian by will; court appoints absent nomination.

**International custody:** if minor children have multiple-nationality, Hague Convention on Parental Responsibility 1996 governs cross-border recognition (Thailand acceded 2024).

**Practical drafting:** name primary + alternate guardian + trustee for property (often different people); specify educational + religious + healthcare preferences; coordinate with home-jurisdiction will and any trust governing minor's inheritance.

**Statute:** RC § 42(13) exempts proceeds of life-insurance contracts where premium payment period ≥ 10 years OR proceeds paid on death.

**Planning use:** $5–50M whole-life or PPLI policy with spouse / trust as beneficiary delivers tax-free liquidity at death — funds inheritance tax, estate-settlement costs, business buyout.

**Critical drafting:** policy must be irrevocable beneficiary OR ownership-by-trust to avoid being included in deceased's estate; coordinate with foreign-jurisdiction inheritance-tax (US estate tax for US-domiciled, UK IHT for UK-domiciled).

**Thai law treats crypto as 'property' under TDA Royal Decree 2018** — heritable, but access requires private-key/seed-phrase recovery.

**Best practice:** sealed letter (handwritten seed phrase) deposited with notarial counsel + access protocol activated only on death certificate + executor authorisation.

**Cloud accounts (Google, Apple, Microsoft):** use platform-native Legacy Contact / Inactive Account Manager features; reference in will.

**Avoid:** writing seed phrases in the will (will is public on probate); using passwords that may be rotated.