Last reviewed: 31 October 2026
Quick answer
A will made in Thailand can be valid in Victoria if it was properly made under Thai law or another law with which the will-maker had a connection. But a valid Thai will is not the same as a will that works smoothly in Australia. Thai grants of probate generally cannot simply be resealed in Victoria, so the executor will usually need a fresh Victorian grant, supported by translated and authenticated Thai documents. Many Thai families with substantial Australian assets therefore make a separate Victorian will that deals only with Australian assets.
Is a Thai will valid in Australia?
Victorian law recognises wills made outside Victoria in a number of situations, for example if the will complies with the law of the place where it was signed, or the law of the country where the will-maker was domiciled, habitually resident or a national. A Thai will made in one of the recognised Thai forms may therefore be formally valid in Victoria. Validity is only the first step.
Why a Thai will can still cause delay
- No reseal. Thailand is generally not among the places whose grants can be resealed in Victoria, so the executor usually applies for a new grant here.
- Translation and proof. The court will need a certified English translation and evidence of how the will was made. Until Thailand’s apostille membership takes effect on 28 February 2027, Thai documents generally need legalisation through official channels.
- Executor issues. An executor living in Thailand can apply for a Victorian grant, but may need to act through an attorney or local representative.
- Interpretation. A will drafted for Thai assets may not deal clearly with Australian superannuation, jointly owned property, family trusts or company shares.
The two-will approach
For families with Melbourne property, Australian shares or bank accounts, a common solution is:
- a Thai will dealing with assets in Thailand and elsewhere; and
- a Victorian will dealing only with Australian assets.
Each will must be drafted so that it does not accidentally revoke the other. Revocation clauses, definitions of assets and the choice of executors all need to be coordinated with your Thai lawyer.
What a Victorian will can add
- an executor in Australia, or a professional executor, who can act quickly;
- testamentary trusts that protect a child’s inheritance from divorce, creditors or poor decisions;
- clear directions for Victorian property, including a home a child lives in;
- coordination with superannuation nominations and jointly owned property, which do not pass under a will.
Family claims
In Victoria, certain family members can ask the court for further provision from an estate, including Australian assets of a will-maker who lived in Thailand. Families with children from more than one relationship should plan for this, because it is one of the most common causes of estate disputes.
Frequently asked questions
Is my Thai will valid in Victoria?
It may be, if it was properly made under Thai law or another law connected to you. Validity still leaves practical issues for the executor.
Can a Thai grant of probate be used in Victoria?
Generally not by resealing. The executor usually needs a new Victorian grant.
Should I make a separate Australian will?
Families with significant Australian assets often do, with the two wills carefully coordinated so one does not revoke the other.
Does my will cover my Australian superannuation?
Not automatically. Superannuation usually passes according to the fund's rules and any binding nomination.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Thai and Thai-Chinese families on Australian legal matters. We work by video and alongside your lawyers, accountants and private bankers in Thailand. We help with:
- Victorian wills coordinated with your Thai will;
- testamentary trusts for children and grandchildren;
- powers of attorney for Australian assets;
- reviewing jointly owned property and superannuation nominations.
The first step is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal, tax or financial advice. Do not rely on it for your own situation: the law and practice change, and the right answer depends on your facts. Points about Thai law and Thai tax are a general overview only; obtain advice from a Thai lawyer or tax adviser for matters in Thailand.
Official sources
More guides for Thai and Thai-Chinese families
Related reading
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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