ข้ามไปยังเนื้อหาหลัก

How does wills covering assets in more than one country differ for foreign nationals compared with Thai nationals?

Short answer

Marriage, divorce, legitimation and succession are all registered or adjudicated events with formal requirements. Where one spouse is a foreign national, the receiving country's rules matter as much as the Thai ones, so documents are usually translated and legalised before they are accepted abroad.

How this case runs end to end

Confirm marital and parental status from official records, prepare the agreement or petition, register at the district office where registration is possible, apply to the court where the matter requires a judgment, then translate and legalise the resulting record for use abroad.

Stage-by-stage timeline

StageWorkOwnerWindow
Client reviewConfirm commercial terms, signatories and authority before executionClient and IVC1–3 working days
Execution and filingSign, register or file with the relevant authority and retain the receiptIVCBy the applicable deadline
Follow-upRespond to official queries and archive the executed fileIVCAs required
ScopingReview the facts, documents and the deadline that governs the matterIVCOn enquiry
Document collectionCollect identity, corporate, title or court documents and prior correspondenceClient2–5 working days
DraftingDraft or review the agreement, application, petition or filingIVCDepends on complexity

What to prepare

  • Passports or Thai ID cards of every party, plus company affidavits where a company is involved
  • The underlying documents: draft contract, title deed, register extract or court papers
  • The deadline or hearing date that governs the matter
  • Evidence of authority to sign: board resolution, power of attorney or shareholder approval
  • Certified translations where a document is not in Thai and will be filed with a Thai authority
  • Correspondence already exchanged with the counterparty or the authority
  • A single contact person who can confirm instructions and receive filings

What "How does wills covering assets in more than one country differ for foreign nationals compared with Thai nationals?" actually involves

This question sits within family law, matrimonial property and succession. The authority or standard that governs it directly is the Civil and Commercial Code Books 5 and 6, district registrars and the Central Juvenile and Family Court, and every case is assessed against the rules in force on the day of submission. IVC prepares the file, checks internal consistency and coordinates with the receiving office; we are not a government body and we never guarantee how an authority will decide.

A father who was not married to the mother acquires parental power through legitimation, by registration or by court order.

A will limited to Thai assets should say so, to avoid revoking a will made in another country by implication.

Divorce by mutual consent is registered at a district office only if both spouses attend and the marriage was registered in Thailand.

Rules and requirements to settle before you start

An estate administrator is appointed by court order; banks and the Land Office ask for that order rather than for a will alone.

A prenuptial agreement must be registered together with the marriage; one signed afterwards does not have the same effect.

Foreign shareholding of 50% or more brings the Foreign Business Act into play; the test is the activity performed, not the wording of the objectives clause.

BOI promotion is granted per project and per activity, and the conditions attached to it are audited afterwards rather than assumed.

The mistakes that cost the most time

The costliest pattern in legal matters is signing first and asking afterwards. A contract, a deed or a resolution creates obligations from the moment of signature, and undoing one usually costs more than the review that would have prevented it — particularly where a registration has already been made against a title or the public record.

The second is treating deadlines as administrative rather than substantive. Prescription periods, appeal windows, licence renewals and registration periods are hard cut-offs; once one passes, the strength of the underlying position becomes irrelevant and the remaining options are far narrower and far more expensive.

Why files are delayed or returned

  • The prenuptial agreement was not registered with the marriage
  • One spouse cannot attend the consensual divorce registration
  • The estate is dealt with without a court appointment of an administrator
  • Foreign documents are filed without certified translation and legalisation
  • Foreign shareholding crosses a threshold without the corresponding licence
  • The registered objectives do not cover the activity actually carried out

Key terms in family law, matrimonial property and succession

Prescription period
The statutory time limit within which a claim must be filed.
Record of processing
The PDPA documentation of what personal data an organisation processes and on what lawful basis.
Severance pay
Statutory compensation on termination, calculated by bands of continuous service.
Legitimation
The process by which a father acquires legal status and parental power over a child born outside marriage.
Usufruct
A registered personal right to use and take the fruits of land owned by another, ending on the holder's death.
BOI promotion
A project-based incentive granted by the Board of Investment, with conditions audited afterwards.
Foreign Business Licence
Permission under the Foreign Business Act for a foreign-majority company to carry out a restricted activity.

Official sources

Scope and limitations

IVC is a private legal, translation and document services firm. This page is general information about Thai practice, not advice on your specific matter, and it is not issued by any authority. Statutes, thresholds and official practice change, so confirm the current position before you act or sign. Fees are not published here; our staff quote after the matter is scoped by phone, LINE or email.

Information as of August 2026

Need an answer for your own case? Talk to our staff by phone, LINE or email.