International Wills & Inheritance · 10 Countries
Situs-aware, forced-heirship-aware, probate-aware. Dual-will drafting, Brussels IV choice-of-law strategy, and cross-border tax framing for Thai nationals with overseas assets, foreign heirs of Thai estates, and expats resident in Thailand.
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A cross-border testator should almost always execute one will per situs jurisdiction — a Thai will for Thai land, a local will for foreign real estate and brokerage — with a mutual non-revocation clause. Forced-heirship regimes (France, Germany, Louisiana) demand a Brussels IV or IPRG choice-of-law election; common-law systems (US, UK, AU, SG) demand attention to probate speed, elective share and CGT event K3. NYC Visa & Translation runs the full pipeline: drafting, notarisation, Apostille (post-28 February 2027), embassy legalisation, certified translation and Bangkok probate liaison.
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Frequently asked questions
Do I need a separate will for each country I hold assets in?
Yes — a single global will invites conflict of laws. Dual (or multi-) wills aligned to the situs of each asset (Thai land in a Thai will, US brokerage in a US will) shorten probate and reduce tax exposure. Always add a mutual non-revocation clause.
Must overseas heirs travel to Thailand to inherit?
No. A Power of Attorney signed and notarised abroad, then Apostilled (post-28 February 2027) or legalised through a Thai embassy, plus a certified Thai translation, allows a Thai lawyer to petition for an estate administrator and transfer assets on the heir's behalf.
Does Thailand levy an inheritance tax?
Yes — the Inheritance Tax Act B.E. 2558 (2015) applies 5% for direct descendants and spouses, 10% for others, but only on the portion above THB 100 million per beneficiary.
How exposed is a Thai heir to US federal estate tax?
A US non-resident alien decedent has only a USD 60,000 exemption on US-situs assets versus USD 13.6 M for a US citizen. Direct holdings of US real estate or US stocks in a personal account above USD 60,000 are taxed at 40%; foreign-corp or trust ownership mitigates this.
Which countries have the strongest forced heirship rules?
France (réserve héréditaire), Germany (Pflichtteil) and Louisiana are the strictest. Brussels IV (Regulation 650/2012) lets a Thai testator elect Thai law for EU-situs succession — but France's 2021 prélèvement compensatoire can still claw back from French real estate.
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Official sources
The information on this page follows the official sources below. Always check the latest version before you file.
- กรมการกงสุล — บริการรับรองเอกสาร (นิติกรณ์)— กระทรวงการต่างประเทศ
- สำนักงานตรวจคนเข้าเมือง — วีซ่า รายงานตัว 90 วัน TM.30— Immigration Bureau
- กรมการปกครอง — ทะเบียนราษฎร ทะเบียนครอบครัว— Department of Provincial Administration
- สภาทนายความในพระบรมราชูปถัมภ์ — ทนายความผู้ทำคำรับรองลายมือชื่อและเอกสาร— Lawyers Council of Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
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Frequently asked questions
- How does a foreigner register a marriage in Thailand?
- The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
- Do we need an interpreter at the district office?
- Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
- Is a Thai marriage recognized in my home country?
- A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
- How is a prenuptial agreement made enforceable in Thailand?
- Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.