What is the difference between a Notary and a Witness in Thailand?

A Notary (in Thailand, a Notarial Services Attorney) is an official who verifies your identity (with your passport), confirms you are signing willingly, and then affixes an official seal. A Witness is a private individual (like a friend or colleague) who simply watches you sign the document to attest to the act of signing itself. The Notary is an officer, while the witness is an observer.

Can the Notary also be a witness?

Generally, no. This is a critical conflict of interest. The Notary's job is to be an impartial official verifying the entire signing, including the signatures of the witnesses. A notary cannot notarize their own signature as a witness. You must bring separate individuals to fulfill the witness roles.

Who can be a witness for my document in Bangkok?

A witness must be a 'disinterested party.' This means they must: (1) Be of legal age (18+), (2) Be of sound mind, and (3) Have absolutely no financial or other interest in the document. They cannot be anyone named in the document (like your agent in a POA) or a spouse of a beneficiary.

Do my witnesses need to bring their passports?

Yes, absolutely. The witnesses must bring their **original, valid passport** (or Thai National ID card). The Notary must verify the identity of the witnesses, as they are often required to sign an affidavit or acknowledgment page themselves. The notary cannot notarize the signature of a witness whose identity cannot be proven.

Does your office provide witnesses?

Our policy is that clients are typically required to bring their own witnesses, as this ensures impartiality. However, we understand this can be difficult. We **can** assist in arranging professional, independent witnesses for your signing appointment for an additional fee. **Please inform us at the time of booking** if you need this service so we can schedule them.

How do I know if my document even needs a witness?

The requirement is determined by the law of the **country where the document will be used**, not by Thai law. Documents for Common Law countries (USA, UK, Australia, Canada) like Wills, certain POAs, and pre-nuptial agreements often require two witnesses. Civil Law countries (like France or Germany) usually do not. The best way is to send us your document for a free review before your appointment.

Notary vs Witness Thailand

Notary vs. Witness in Thailand

Q: Who CANNOT be a witness?

Anyone who benefits from the document. For a Will, this includes any heir or their spouse. For a Power of Attorney, this includes the person you are appointing (the 'Agent' or 'Attorney-in-Fact'). Using an 'interested witness' can invalidate your entire document in court.

Understanding the Critical Difference and Requirements for Foreigners (USA, UK, Australia, Canada)

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"My document needs two witnesses AND a notary. Are they the same person?"

This is one of the most common and critical questions we receive from clients, especially those from **Common Law countries** like the United States, United Kingdom, Australia, and Canada.

You may have a Last Will and Testament, a Power of Attorney for property, or a pre-nuptial agreement prepared by your lawyer back home. The signature page clearly has a line for your signature, lines for two witnesses, AND a separate section for a Notary Public.

The answer to this question is simple, but legally vital: **No. The Notary and the Witnesses are separate and distinct roles. They cannot be the same person.**

This guide will explain the fundamental differences between these roles, who is allowed to be a witness in Thailand, and how to prepare for your appointment at our Bangkok office to ensure your document is executed correctly the first time.

The Notary's Role vs. The Witness's Role

The entire purpose of a signing ceremony is to create a document that can withstand a legal challenge in the future. To do this, the law (especially in Common Law countries) creates two different layers of verification: the **Official Verification** (by the Notary) and the **Personal Observation** (by the Witnesses).

Feature	The Notary Public (Avocat Notaire)	The Witness (Témoin)
Primary Role	To act as an impartial, official officer of the state.	To act as a private individual and observer.
Main Function	To verify the identity of the signer (using a passport) and confirm they are signing willingly and of sound mind.	To personally observe the signer physically signing the document.
What They Certify	"I certify this person is who they say they are, and they acknowledged their signature to me."	"I personally saw this person sign this document on this date."
Required ID	Must have a Notarial Attorney License. Their identity is registered with the government.**	Must be a private individual with no official capacity in this act.**
Relationship	Must be impartial and have no connection to the document.	Must be disinterested (no financial or other stake in the document).
Can they be the same?	NO. A notary cannot notarize their own signature as a witness.	NO. A witness cannot also act as the notary for the same document.

When Are Witnesses Typically Required?

This is a key point: **The requirement for witnesses is determined by the law of the country where the document will be *used*, not by Thai law.**

Thailand, like France or Germany, is a "Civil Law" country. Most Thai contracts (like a car rental) don't require witnesses. However, the USA, UK, Australia, and Canada are "Common Law" countries. Their legal systems, built on centuries of case law, place a high value on witnesses to prevent fraud, especially for high-stakes documents.

You will almost always need one or two witnesses for the following documents intended for a Common Law country:

□1. Last Wills and Testaments

This is the most common and strictest requirement. To be valid, a Will almost universally requires **two witnesses** who are present at the same time, watch the testator (the person making the Will) sign, and then sign the Will themselves in the testator's presence.

Crucially, these witnesses must be "disinterested" (see Mistake #4). If a witness is also an heir in the Will, the entire document could be invalidated.

✍️2. Certain Types of Powers of Attorney (POAs)

While not all POAs require witnesses, many jurisdictions do, especially for documents granting significant powers, such as the power to sell real estate. For example, the State of Florida in the USA explicitly requires that a POA be signed by **two witnesses** in addition to being notarized.

Learn more about our Power of Attorney services.

□3. Pre-nuptial or Post-nuptial Agreements

To ensure a pre-nuptial agreement is enforceable and can withstand a future challenge, lawyers almost always require that each party's signature be observed by an independent witness. This helps prove that neither party signed under duress or coercion.

□4. Advanced Healthcare Directives (Living Wills)

Documents that give another person the power to make medical decisions on your behalf (a "healthcare proxy") or state your end-of-life wishes (a "living will") often require two witnesses to confirm your soundness of mind and intent at the time of signing.

Who Can Be a Witness in Thailand?

This is the second most critical question. Choosing the *wrong* witness can be as disastrous as not having one at all. The central concept you must understand is the **"Disinterested Witness Rule"**.

✅ Who CAN Be a Witness?

A witness must be an impartial observer with no "skin in the game." The ideal witness is someone who:

Is **of legal age** (18 or older).
Is of **sound mind** (they understand what they are doing).
**Has no financial or other interest** in the document. They do not gain or lose anything, regardless of the document's outcome.
Is **not related** by blood or marriage to the signer or any beneficiaries (this is the safest practice).

Perfect examples of witnesses in Bangkok: Your colleague from work, your neighbor, a friend who is not in your Will, or a professional witness provided by our firm.

□ Who CANNOT Be a Witness? (A Conflict of Interest)

If your witness falls into one of these categories, your document is at high risk of being invalidated in court:

People named in the document: The person you are appointing as your "Agent" or "Attorney-in-Fact" in a POA **CANNOT** also be a witness.
Direct Beneficiaries: Anyone who inherits money, property, or assets in your Will **CANNOT** be a witness.
Spouses of Beneficiaries: The husband or wife of someone who inherits from your Will is also "interested" and **CANNOT** be a witness.
The Notary: As explained above, the notary is the official and **CANNOT** be one of the private witnesses.
Close Family Members (Risky):** Even if your spouse or child is not a beneficiary, having them witness a document (like a pre-nup) can be challenged in court as signing under duress. It is always safest to use completely independent, non-family members.

Our Policy on Witnesses at NYC Plus

We are dedicated to ensuring your document is executed correctly. Here are our clear policies regarding witnesses at our Bangkok office.

Does NYC Plus Provide Witnesses?

Our official policy is that **clients are typically required to bring their own witnesses.**

Why? This ensures the witnesses are truly independent and, in many cases, are known to the signer, which adds another layer of security. However, we understand that for many expatriates, finding two disinterested people who are available during business hours and willing to travel to our office can be extremely difficult.

✅ Our Solution: Professional Witnessing Service

If you cannot provide your own witnesses, NYC Plus **can assist in arranging one or two professional, independent witnesses** to be present at your signing appointment.

These individuals are reliable, understand their role, and are guaranteed to be "disinterested parties."
An additional fee applies for this coordination service and for the witnesses' time.
**IMPORTANT:** You **must** notify us that you require this service **at the time of booking your appointment** so we can ensure the witnesses are scheduled to be present.

What ID Does My Witness Need to Bring?

This is a detail many people forget. Your witnesses are not just casual observers; they are active participants in the legal act. In many cases, their signatures must *also* be notarized on the document.

Therefore, all witnesses MUST bring their own ORIGINAL, VALID photo identification.

For Foreign Witnesses: A valid original Passport.
For Thai Witnesses: A valid original Thai National ID Card.

If a witness arrives without their original ID, the notary will be unable to verify their identity and **cannot complete the notarization.**

Notarized passport copy, required for identity verification of both signer and witness

Unsure about your document's requirements?

Don't guess. The laws for Wills, POAs, and witnesses are complex. A small mistake can invalidate your most important documents.
Send us a scan of your document for a free review.

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Contact Information

Call Center: 081-562-0444, 083-249-4999

Email: [email protected]

Online Service (Line): Mon-Sun, 09:00 - 18:00

Bangkok Office Hours: Mon-Fri, 09:00 - 18:00 (Appointments required for notary services)

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Our Main Offices & Nationwide Network

Our main offices are in Bangkok, Khon Kaen, and Udon Thani, with partners covering all 77 provinces of Thailand, including Pattaya, Phuket, and Chiang Mai.

□Bangkok (Head Office)

61 Soi Lat Phrao 95, Khlong Chaokhun Sing, Wang Thonglang, Bangkok 10310
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□Khon Kaen Office

95 The Wall Project, Ruen Rom Rd, Nai Mueang, Mueang Khon Kaen, 40000

□Udon Thani Office

31/43 Si Chom Chuen Rd, Mak Khaeng, Mueang Udon Thani, 41000

Our partner network allows us to serve you wherever you are. Here are some of our key partner locations:

Pattaya (Chonburi): 415/17 Chaloem Phrakiat 18

Phuket: 114/12 Patiphat Rd, Talat Nuea

Chiang Mai: 140/74 M.2 Nongpakrang

Rayong: 99 Sukhumvit Rd, Tha Pradu

Hua Hin (Prachuap Khiri Khan): 31/768 Railway West Road

Bangkok (Watthana): 88/8 Sukhumvit 55 (Thonglor)

Bangkok (Sathorn): Sathorn Square Building

Bangkok (Klongtoei): Emporium Tower

Bangkok (Bang Rak): United Center, Silom

Related Services

This guide is one part of our complete legal support system for foreigners in Thailand.

Top 10 Notary Mistakes (READ THIS)

Power of Attorney (POA) Service

MFA & Embassy Legalization

Main Notary Public Services

Certified Translation

Marriage & Affidavit Services

Notary vs Witness Thailand

Notary vs. Witness in Thailand

"My document needs two witnesses AND a notary. Are they the same person?"

The Notary's Role vs. The Witness's Role