Q1113. What inheritance laws govern multi-language will and testament translations?

Answered by the NYC Visa & Translation certified translation team

Multi-language wills in Thai inheritance practice divide into two situations: a foreign will covering Thai assets, and a Thai will made by a foreigner. The governing law: Thai conflict-of-laws rules apply the deceased's national law to succession, but Thai-situs immovable property and the Thai probate process follow Thai procedure — so a foreign will's validity is assessed under the law where it was made, while its Thai enforcement runs through the Thai courts. Translation rules that matter: the will is translated in full with its execution formalities described exactly (witnesses, notarisation, date and place of signing) because validity turns on form; testamentary terms that have no Thai equivalent (executors and trustees in the common-law sense, per stirpes distribution) are translated with explanatory fidelity rather than forced into Thai civil-law categories; and where the will is in a third language, the translation works from the legalised original, not from an intermediate translation. Practice points: for a foreigner making a Thai will covering Thai assets (common and advisable for Thai property), the will is made in Thai or bilingually with the Thai text governing — the translation direction reverses, and the Thai text must satisfy Thai formal requirements (signed before two witnesses, or the public-document or secret-document forms); and where both a foreign will and a Thai will exist, they must be checked for mutual revocation clauses — a later will revoking 'all prior wills' can unintentionally revoke the other jurisdiction's will. For probate filings, the will is legalised, translated, and certified. Coordinate with Thai probate counsel before finalising any cross-border testamentary arrangement.