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Common misconceptions and myths cause many people to put off making a last will and testament. Unfortunately, these false beliefs frequently result in family conflicts, legal issues, and unnecessary delays in estate administration.
The most common misconceptions regarding last wills and testaments are discussed below
Myth 1: “I Don’t Need a Will Because I Don’t Have Many Assets”
One of the most common misconceptions is this.
Even if you don't think of yourself as wealthy, a will guarantees:
- Your assets are distributed according to your wishes
- The correct beneficiaries receive what you intend
- The law ensures that your estate is managed effectively
Without a will, your estate will be distributed according to statutory rules, which may not reflect your personal or family intentions.
Myth 2: “My Family Will Automatically Inherit Everything”
Many people assume their spouse or children will automatically receive their assets.
In reality, inheritance is governed by specific legal rules. In Thailand, statutory heirs and distribution proportions are defined by law. This can result in outcomes you did not expect — especially in blended families or where foreign nationals are involved.
A properly drafted will provides clarity and avoids uncertainty.
Myth 3: “A Foreign Will Automatically Covers My Assets in Thailand”
This is particularly significant for foreign property owners and expatriates. A will made overseas might not be automatically enforceable in Thailand unless it conforms with Thai legal requirements and is duly acknowledged by Thai courts. A separate Thai will for Thai assets can frequently streamline estate administration and cut down on delays. To prevent conflicts between multiple wills, it is highly advised to seek professional legal advice.
Myth 4: “Once I Make a Will, I Never Need to Change It”
A will should not be treated as a one time document.
You should review and update your will after major life events such as:
- Marriage or divorce
- Birth of children or grandchildren
- Acquisition or sale of significant assets
- Changes in residency or nationality
An outdated will may no longer reflect your intentions or current legal situation.
Myth 5: “Handwritten or Informal Wills Are Always Valid”
A will must adhere to strict formal requirements under Thai law, such as being in writing, dated, and signed simultaneously in front of two witnesses. A will may be void if these conditions are not met. Serious legal issues may arise if templates or unofficial documents are relied upon without legal review.
Myth 6: “A Will Avoids Court Proceedings Entirely”
A will helps guide the distribution of your estate, but it does not necessarily eliminate legal procedures. In Thailand, appointing an executor and approving the distribution of assets are typically done through court procedures. On the other hand, a well-written will can drastically cut down on administrative burdens, disagreements, and delays.
Myth 7: “I’m Too Young to Need a Will”
A will is not only for the elderly. Making a Will is for everyone above the age of 15 who is not mentally incompetent. Regardless of age, having a will is a responsible move if you have assets, savings, business interests, or dependents. Unexpected things can happen at any time, and a will gives your loved ones security and clarity.
Next Steps in Estate Planning
Understanding the facts behind common last will and testament myths is essential to proper estate planning. A well-written and current document will help safeguard your assets, lessen conflict within your family, and guarantee that your wishes are carried out.
If you have assets in Thailand or multiple jurisdictions, professional legal advice is crucial to ensure your will is valid, effective, and aligned with your overall estate plan.
If you would like assistance drafting or updating a last will and testament, book an appointment now to ensure your estate planning documents meet current legal requirements.
Last Will and Testament Myths and misconceptions
Originally published: NOVEMBER 2021
Last updated: December 2025
Reviewed and verified BY:
KWANCHAI BOONTAM (Barrister)
Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Specialization: Wills and Estate, Civil and Criminal Matters
LEGAL DISCLAIMER
The information provided on this page is for general informational purposes only and does not constitute legal advice. Laws and legal procedures may change and vary depending on individual circumstances. Reading this content does not create a lawyer–client relationship. For advice specific to your situation, please consult a qualified legal professional.
