Thailand has a large retirement community. With relatively easy retirement visas for those 50 years of age or older, Thailand has attracted foreigners from all over the world, who like Thailand’s lifestyle, conveniences, and cost of living. However, when your time comes to an end, what happens to your property in Thailand? The answer may surprise you, with this 2025 update on the probate court process in Thailand.

Do You Have a Last Will and Testament?

A last will and testament, commonly just called a will, is a document that lays out your wishes for your property. The important parties in a last will and testament in Thailand include the following:

1. You
2. The Beneficiary
3. The Executor
4. Witnesses

Yes, you need to be involved in your own will, and you need to be of sound mind and body, or someone might try to contest your will in Thailand.

How much does your Thai wife get when you die? The answer may surprise you. Thailand’s inheritance laws can be challenging, especially when it involves understanding the rights of a surviving spouse under Thai law. There is good news however – the Thai Civil and Commercial Code provides clear guidelines on how a deceased person’s estate is distributed among heirs, with specific provisions for surviving spouses.

Classes of Statutory Heirs

Under Section 1629 of the Thai Civil and Commercial Code, statutory heirs are categorized into six classes, prioritized as follows:

1. Descendants
2. Parents
3. Full-blood siblings
4. Half-blood siblings
5. Grandparents
6. Uncles and aunts

The presence of heirs in a higher class excludes those in lower classes from inheritance. For instance, if the deceased has surviving children, the parents or siblings do not inherit.

Thailand is on the cusp of making history with the impending legalization of marriage equality. This monumental change, announced recently, will grant same-sex couples the same legal rights as heterosexual couples. The move is a significant milestone for LGBTQ+ rights in the country, long hailed as a progressive and inclusive society in Southeast Asia. As this legislation takes shape, it is vital for same-sex couples to understand their new rights and the legal protections available to them. At TFL (Thailand Family Law Partners), we are ready to support couples with expert guidance on marriage, prenuptial agreements (prenups), and inheritance matters tailored to the needs of the LGBTQ+ community.

Our law firm was recently featured in an article on marriage equality and same sex marriage in Thailand, which can be found here: https://www.humanresourcesonline.net/thailand-s-marriage-equality-bill-to-take-effect-on-22-january-2025