Formichella & Sritawat - Summary of New Ministerial Regulation on Wills: A must-read for expatriates in Thailand
1. Overview
On 22 January 2026, the Ministry of Interior published a new Ministerial Regulation replacing the 1960 rules governing Public Wills and related inheritance declarations. The regulation took effect on 24 March 2026 (60 days after publication).
This modernisation updates procedures, forms, and identity verification requirements for:
- Public Wills (phinya-kam baep ekkasan fang muang)
- Secret Wills (phinya-kam baep ekkasan lap)
- Oral Wills (phinya-kam duay waja)
- Declarations disinheriting statutory heirs
- Revocation of disinheritance
- Renunciation of inheritance
2. Requirements for a Valid Public Will
Under Section 1658 of the Thai Civil and Commercial Code, a Public Will must meet the following requirements:
Requirement | Description |
| Made at District Office | Must be made at any district office (amphur) or district office branch (king amphur), or in Bangkok at the district office (khet) |
| Presiding Officer | Made in the presence of the District Chief (nai amphur) or Zone Director (phu amnuaykan khet) |
| Witnesses | At least two witnesses must be present throughout |
| Declaration | The testator declares their intentions to the District Officer |
| Recording | The District Officer records the testator’s wishes in writing |
| Reading | The document is read aloud to the testator and witnesses |
| Acknowledgment | Testator and witnesses acknowledge the content is correct |
| Signatures | Testator, both witnesses, and the District Officer sign the document |
| Registration | The will is registered in the official will register at the district office |
| Storage | The original is kept at the district office unless the testator requests to take possession |
3. Step-by-Step Guide for Expats
Step 1: Prepare Required Documents
Document | Notes |
| Passport | Valid passport with current Thai visa (if applicable) |
| House registration (Tabien Baan) | If registered in Thailand |
| Work permit | If applicable |
| Thai marriage certificate | If married to a Thai national (with official translation if originally foreign) |
| Divorce certificate | If applicable (with official translation and Ministry of Foreign Affairs certification) |
| Children’s birth certificates | If naming children as beneficiaries (with official translation if foreign) |
| List of assets in Thailand | Including details of property, bank accounts, vehicles, etc. |
| Names and details of beneficiaries | Full names, relationships, and identification details |
| Name of proposed executor | Full name and contact details |
| Thai translator | If you do not speak fluent Thai (recommended) |
Step 2: Draft Your Will Content
Prepare the following information to present to the District Officer:
- Personal details: Full name, age, current address
- Asset distribution: Clear specification of which assets go to which beneficiaries
- Executor appointment: Name of person who will manage your estate
- Alternative provisions: Contingency plans if beneficiaries predecease you
Step 3: Visit the District Office
Action | Details |
| Location | Any district office (amphur) in Thailand—you are not restricted to your home province |
| Appointment | Not typically required, but arriving early is advisable |
| Who should attend | You, two witnesses, and ideally a Thai speaker/translator |
Step 4: Complete the Process at the District Office
Step | Description |
| 1. Submit application | File a request using the prescribed form (available at the district office) |
| 2. Present identification | Show your passport and any other requested documents |
| 3. Declare your intentions | Verbally state your will provisions to the District Officer |
| 4. Document preparation | The District Officer will draft the will based on your declaration |
| 5. Verification | The officer may request additional proof if there are concerns about age or mental capacity |
| 6. Reading | The completed will is read aloud to you and your witnesses |
| 7. Confirmation | You and your witnesses confirm the content is correct |
| 8. Signing | All parties sign the will |
| 9. Registration | The will is entered into the official register |
| 10. Receipt | You receive an official receipt (bai rap) confirming registration |
| 11. Storage decision | Decide whether the district office keeps the original or you take possession |
Step 5: Post-Completion
Action | Details |
| Keep the receipt | Store the receipt safely—it is needed to request the will later |
| Inform executor | Tell your executor where the will is located and how to access it |
| Review periodically | Update your will after major life changes (marriage, divorce, children, asset changes) |
| Request copies | You may request certified copies at any time |
4. Important Notes for Expats
Language
- The entire process is conducted in Thai
- It is strongly recommended to bring a qualified Thai translator or legal advisor
- The will itself will be written in Thai
Witnesses
- Must be at least 20 years old
- Should not be beneficiaries under the will
- Should have valid identification (Thai ID card or passport)
- Must understand Thai (as the will is read in Thai)
Costs
- Government fees apply (updated under the new regulation)
- Additional costs for translation/legal assistance
Taking Possession of Your Will
Under Section 11 of the new regulation:
- You may request to take your will at any time
- You must present the official receipt
- You must sign acknowledging receipt in the will register
- The district office keeps a certified copy before releasing the original
If You Pass Away Before Collecting Your Will
- The district office will contact the person named to receive the will (as specified in your application)
- That person must provide proof of identity and the testator’s death certificate
If the death certificate cannot be verified from the central registry database, additional proof may be required
5. Comparison: Public Will vs. Standard Written Will
Aspect | Public Will (at Amphur) | Standard Written Will (with Lawyer) |
| Preparation | Done by district officer | Drafted by lawyer |
| Cost | Low (government fees only) | Higher (legal fees) |
| Language | Thai only | Can be bilingual (Thai/English) |
| Storage | Kept at district office (option to take possession) | You retain possession |
| Legal review | Basic verification | Comprehensive legal advice |
| Complexity | Best for straightforward estates | Suitable for complex situations |
| Privacy | Registered with the government | Private document |
| Update process | Must revoke and make a new will | Can execute a codicil or a new will |
6. Additional Declarations Available Under the New Regulation
The regulation also covers:
- Disinheritance (tat thayath doitham mai hai rap moradok)
- Formally exclude a statutory heir from inheriting
- Revocation of disinheritance (thon kan tat thayath)
- Restore an heir’s right to inherit
- Renunciation of inheritance (sala moradok)
- Decline to accept an inheritance (must be unconditional)
Each requires a separate application and follows similar procedures to the Public Will.
7. Practical Tips for Expats
- Consider both options: A Public Will may suffice for simple estates, but complex situations (international assets, business structures) typically require a lawyer-drafted will
- Update regularly: Thai law does not automatically revoke a will upon marriage or divorce—you must actively update it
- Coordinate with foreign wills: If you have assets in multiple countries, ensure your Thai will works with your overall estate plan
- Seek professional advice: While the Public Will process is straightforward, understanding how it interacts with Thai inheritance law (particularly forced heirship rules for statutory heirs) warrants legal guidance
This summary is based on Ministerial Regulation on Making Wills and Declarations of Intent Regarding Inheritance B.E. 2569 (2026), published in the Royal Gazette on 22 January 2026, effective 24 March 2026.
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