Best Inheritance Law Lawyers in Phuket

About Inheritance Law in Phuket, Thailand

Phuket follows Thailand's national inheritance framework. The core rules are set by Thai law and apply consistently across the province, including location-specific registrations and probate procedures. Key concepts include intestate succession, testamentary dispositions, and the management of estate assets after death.

In Phuket, as in the rest of Thailand, a will can determine how assets are distributed, but lawful heirs retain certain reserved shares under the Civil and Commercial Code. If there is no will, statutory shares are allocated to heirs under Thai law. The local courts handle probate and administration, and Phuket assets may require translations, registrations, or endorsements to be transferred to heirs properly.

Because Phuket hosts many foreign residents and property owners, estate planning often involves cross-border considerations. A Phuket-based solicitor can help align foreign ownership rules with Thai inheritance requirements, ensuring orderly transfer of assets and minimising delays or disputes.

Why You May Need a Lawyer

A qualified Phuket inheritance attorney can provide targeted guidance for concrete situations you are likely to face. Below are real-world scenarios that commonly occur in Phuket:

• The decedent resided in Phuket and died without a will, leaving a mix of Thai and foreign heirs. A lawyer helps calculate statutory shares and coordinate probate with the Phuket Provincial Court.
• A will exists but raises questions about valid execution or forced heirs. An attorney can interpret the will, assess validity, and advise on potential adjustments under Thai law.
• You are a foreigner who has inherited property in Phuket. A lawyer can explain ownership options, compliance with foreign ownership restrictions, and possible transfer structures.
• A will is being challenged by other heirs on capacity, coercion, or beneficiaries’ disputes. A legal counsel can represent you in court and manage evidence and procedures.
• You need to obtain probate or letters of administration for Phuket assets. An attorney will prepare filings, collect documents, and liaise with local registries.
• You want to settle an estate out of court to avoid lengthy litigation. A Phuket lawyer can negotiate settlements and draft a binding agreement among heirs.

Local Laws Overview

The inheritance framework in Phuket relies primarily on the Thai Civil and Commercial Code, particularly provisions concerning inheritance and testamentary dispositions. The province follows the national rules for intestate succession and for the validity of wills. In Phuket, as elsewhere in Thailand, the process typically involves court involvement for probate or administration and may require formal notarisation or deposit of wills.

Two other legal areas that frequently intersect with inheritance matters in Phuket are land ownership and notarial formalities. The Land Code governs real estate ownership, which is highly relevant when real property is part of an estate. In addition, wills and major estate documents can be executed as notarial deeds, public wills, or private wills under statutory requirements.

Key statutes and sources you may consult include the Thai Civil and Commercial Code, the Land Code, and notarial provisions for wills. These laws shape how assets pass to heirs, how deeds are transferred, and what steps are required to avoid disputes after death.

Thai law provides that inheritance is governed by the Civil and Commercial Code, Book III, with principles of intestate succession and testamentary dispositions. Source: Office of the Council of State - Krisdika

The Ministry of Justice outlines that wills may be established as public wills before a notary or private wills in line with Thai law. Source: Ministry of Justice

The Office of the Attorney General provides information on probate and matters related to inheritance disputes. Source: Office of the Attorney General

Frequently Asked Questions

What is inheritance law in Phuket and why does it matter?

Inheritance law determines who receives a deceased person’s assets. It applies to Phuket residents just as it does nationwide. Understanding it helps prevent disputes and ensures proper transfer of property.

What is the difference between a will and intestate succession in Thailand?

A will specifies how assets are distributed by the testator. If there is no will, the estate passes according to statutory shares to lawful heirs.

How do I create a valid will in Phuket?

You can create a will in a form recognized by Thai law, typically in notarial form or as a privately executed document with witnesses. A Phuket solicitor can confirm compliance with formal requirements.

What documents are needed to start probate in Phuket?

You will usually need death certificates, title deeds for Phuket assets, a will (if one exists), and identity documents for heirs. A lawyer can compile what is required for court filings.

How long does probate typically take in Phuket?

Times vary by case complexity and court workload. A straightforward, uncontested probate may take several months, while disputes can extend to a year or more.

Do I need a Phuket lawyer who speaks Thai and English?

Yes. A bilingual Phuket attorney helps you interact with local registries and courts and ensures that documents meet Thai language requirements.

Can foreigners inherit land in Phuket?

Foreign ownership of land is restricted by Thai law. A lawyer can explain options such as lease arrangements, ownership via Thai spouse, or other legally compliant structures.

What is a forced heir in Thai inheritance law?

A forced heir is a close family member who cannot be completely disinherited. The law requires reserved shares to protect certain heirs, regardless of a will.

How much does a Phuket inheritance lawyer typically charge?

Fees vary by complexity, experience, and case length. Expect an initial consultation fee and potential hourly rates or flat fees for specific tasks.

What should I ask during an initial consultation?

Ask about experience with Phuket estates, typical timelines, likely costs, and the strategy for your specific inheritance scenario.

Is it necessary to register a will with a notary in Phuket?

Notarised wills are common and recognised by Thai courts, but not always mandatory. An attorney can advise on the best form for your case.

Additional Resources

Use these official resources to verify laws, procedures, and forms related to inheritance in Phuket:

• Krisdika - Office of the Council of State - Official database for Thai statutes, including the Civil and Commercial Code governing inheritance.
• Ministry of Justice - Provides guidance on wills, notarial practices, and probate processes in Thailand.
• Office of the Attorney General - Information on probate procedures and inheritance dispute resolution.
• Ratchakitcha - Official Government Gazette - Publication of enacted laws and amendments.

Next Steps

1. Clarify your goal and collect key documents. Gather death certificates, wills, asset titles, and beneficiary information. Do this within 1-2 weeks.
2. Identify Phuket-based inheritance attorneys. Check Thai Bar Association membership and relevant estate practice experience. Compile a shortlist in 1 week.
3. Schedule an initial consultation with 2-3 attorneys. Prepare a list of questions about fees, timelines, and likely strategies. Complete consultations within 2 weeks.
4. Compare proposals and fee structures. Request written retainer terms and a breakdown of estimated costs. Decide within 1 week after consultations.
5. Engage the chosen solicitor or legal counsel. Sign a retainer and provide all documents. Start case work within 1 week of signing.
6. File for probate or letters of administration at the Phuket civil court, with translation and authentication as required. Expect initial court filings within 2-4 weeks after engagement.
7. Monitor the estate process and respond to court requests. Plan for a timeline of several months to a year depending on complexity and disputes. Maintain regular contact with your counsel.