If you have assets in Thailand: real estate, bank deposits, securities, shares or vehicles, it is recommended to draw up a will directly in the country. This approach significantly simplifies the inheritance procedure compared to using a will drawn up abroad.
Will Forms in Thailand
There are several options for making wills in Thailand, depending on the circumstances of the testator and the type of property.
Ordinary will (written form)
This is the most preferred option for foreigners. According to Article 1656 of the Civil Code, a will must be in writing, dated, signed by the testator and witnessed by at least two witnesses. Although the document may not be in Thai, an official translation is required for legal procedures, so a bilingual version is often used.
The advantage of a written will is its versatility and ease of execution through a lawyer. Usually the document is drawn up in two copies with copies of the testator's and heirs' passports, as well as property documents. The will may appoint an executor (executor), often a lawyer, which simplifies its approval by the court.
The testator must be in Thailand when the document is drawn up, which is confirmed by a copy of the passport with a valid visa and entry stamp. In the absence of a will, inheritance is carried out according to the laws of Thailand.
Best Properties in Thailand
Alternative forms
Holographic will: written entirely by hand (Article 1657).
Public will: made in the presence of a local official and witnesses (Article 1658).
Secret will: sealed and handed over to an official with the participation of witnesses (Article 1660).
Oral will: used only in exceptional cases, such as when there is a threat of imminent death (Article 1663).
Inheritance Rights Under Thai Law
In the absence of a will, the distribution of property is determined by the provisions of the Civil and Commercial Code of Thailand. The legal heirs are divided into the following classes:
Descendants (children, grandchildren, etc.);
Parents;
Full siblings;
Half-siblings;
Grandfathers and grandmothers;
Uncles and aunts.
The rule of succession assumes that the presence of heirs from the previous class excludes representatives of the subsequent ones. At the same time, descendants inherit by right of representation, which allows children to replace deceased parents in the line.
Rights of the surviving spouse
The surviving spouse is not included in the traditional classes of heirs, but his rights are determined by Article 1635 of the Civil Code. The size of his share depends on the presence of other heirs:
If there are first-order heirs (children), the spouse receives a share equal to the share of one child;
If there are no first-order heirs, but there are representatives of the second or third order (parents or full siblings), the spouse is entitled to half of the property;
If there are heirs of the fourth and subsequent lines, his share is two-thirds of the inheritance;
In the absence of other heirs, the spouse receives all property.
Compulsory share
In Thailand, there is no concept of compulsory share, which allows the heir to be completely excluded from the distribution of property.
This inheritance mechanism provides a clear structure for the distribution of assets in the absence of a will and protects the rights of the surviving spouse by establishing a fair ratio of shares among the heirs.
Inheritance in Thailand
In Thailand, inheritance is carried out through a judicial procedure, regardless of the presence of a will. To do this, it is necessary to submit to the court a certain package of documents confirming identity, family ties and the presence of property.
The basic list of documents includes:
Passport of the deceased;
Death certificate;
Testamentary disposition (if any);
Passport details of the heirs;
Passport of the executor of the will;
Marriage certificate (if available);
Birth certificates of children (if applicable);
List of property with copies of registration certificates;
Consent of the heirs to the appointment of an administrator (executor of the will);
Documents confirming family ties (family tree).
Documents issued abroad must be properly legalized to be recognized in Thailand.
The procedure for entering into inheritance
If the will does not specify an executor or is missing altogether, the court appoints an administrator who is responsible for managing the estate, paying off debts and taxes (including inheritance tax, if applicable). Only after all liabilities have been settled and settled is the remaining property distributed among the heirs, either in accordance with the testamentary dispositions or by law.
Thirty days after the hearing at which the administrator was appointed, the court issues a ruling on the transfer of property, which serves as the legal basis for the transfer of ownership to the heirs.
Private questions
Inheritance of land by foreigners
According to Thailand's land laws, foreigners are not allowed to own land, including land that is part of an inherited estate, unless they have special permission from the Minister of the Interior, which is issued under the Foreign Ownership by Contract scheme, but such contracts are not currently in use.
If a foreigner becomes the legal heir to the land (such as a Thai spouse), he is given a one-year period to dispose of the property. If this period is not met, the Land Department has the right to carry out the transfer of the land, including the possibility of selling it at a public auction with a commission of 5% of the sale price.
Inheritance of Apartment and Condominium in Thailand
In Thailand, inheritance of apartments not covered by the Condominium Act often poses difficulties in recognizing ownership rights in court, which requires careful consideration of local inheritance rules.
The situation is different when inheriting a condominium. The heir does not automatically receive the right to register foreign ownership. In addition, foreigners are allowed to own no more than 49% of the units in a single condominium. If the inheritance results in exceeding this limit, the excess share must be sold within one year. Otherwise, the Land Department has the right to conduct a forced sale of the property, with a commission of 5% of its sale price.
Inheritance of leasehold property in Thailand
The issue of inheritance of objects acquired on leasehold (long-term rent) rights often arises for foreign citizens. According to Thai law, a lease agreement is a personal contractual right and terminates upon the death of the lessee, without passing to his heirs. The court does not consider such cases within the framework of inheritance proceedings.
However, if the leasehold agreement provides for the transfer of the leasehold right to the heirs, the latter may require the original lessor to re-enter the leasehold agreement in their name in accordance with Section 374 of the Civil and Commercial Code of Thailand. In addition, the ownership of the house, separately from the land, may be registered by the heirs at the local land office if the terms of the leasehold agreement so provide.
Inheriting Real Estate Through a Thai Company
Acquiring real estate through participation in the authorized capital of a Thai company is a popular scheme for foreign investors. According to Thai law, the assets of a company belong to the company itself, and not to its individual shareholders or directors. In the case of inheritance of real estate registered to a company, the will must dispose of the share in the company, and not the real estate itself. After the will is approved by the court, the heir is given shares through which he receives the right to the assets of the company, including real estate.
If the deceased was acting director, a shareholders' meeting must be convened to appoint a new director, and the transfer of shares is carried out through the Ministry of Commerce. In addition, issues related to the assignment of claims under compensation loan agreements and secured pledge agreements are resolved by other legal methods not directly related to inheritance proceedings.
Can minor children receive an inheritance?
In Thailand, the age of majority is 20, so inheritance is directly received by persons aged 20 and over. Property can only be transferred to minor children through an appointed guardian, which is desirable to provide for in the will. In the absence of a will, the court itself appoints a guardian after considering all claims of the interested parties.