Foreigners can but do not have to make a separate Last Will for Thailand as foreign wills are enforceable in Thailand. Unless however, the foreigner has a long-term habitual residence in Thailand, if they own real estate or, are married to a Thai national. there is no specific need for foreigners to make a separate Last Will and Testament for assets in Thailand or a Thai Will with the same content as a the Last Will made by the foreigner in his home country.
However, to make the process much more timely and easier to administer. It is thought best practice is to have a separate Will for your Thai assets. Should there be no Thai Will and just the foreign Will, then the administration and winding up of the estate after a foreigner’s death has usually 2 options:
- whether the foreigner’s worldwide estate is disposed of by Will or statutory succession rules, the official foreign legal document or court order by which an executor has been appointed in the foreigners home country, together with his death certificate must be translated and certified and is submitted with the court in Thailand for approval for the execution in Thailand, or
- The foreigner’s Will is certified and translated and submitted to court for the appointment of the executor which is a much more lengthy process.