Inheritance Rules

Planning for what happens to your Thai property after your lifetime is worth doing early, especially as a foreign owner, since Thai succession law applies to assets located in Thailand regardless of your nationality or where you normally live.

How Thai Succession Law Applies

When someone passes away owning property in Thailand, that property is generally distributed according to a valid will, or, if there is no will, according to the statutory order of heirs set out in the Thai Civil and Commercial Code. Having a Thai will that specifically deals with your Thai assets, alongside any will you hold in your home country, is one of the simplest ways to avoid delay and confusion for your heirs, since a foreign will may need to go through additional court processes in Thailand to be recognised.

Foreign Heirs and Condominium Units

A foreign heir can inherit a freehold condominium unit, but there is an important nuance: unless the heir qualifies to own the unit in their own right under the Condominium Act’s foreign ownership rules, they will generally need to either arrange to bring in qualifying foreign currency funds to be recognised as an eligible foreign owner, or sell or transfer the unit within a period set by the authorities. This is a detail that catches families off guard, so it is worth planning for in advance rather than after the fact.

Leasehold and Other Interests

How a leasehold, usufruct, or superficies interest passes on death depends on how it was drafted and registered. A usufruct, for example, is a personal right and typically ends with the usufructuary rather than being inherited, while a well-drafted lease may include provisions for the tenant’s interest to pass to their heirs.

• Consider a Thai will specifically covering your Thai property.
• Review how your ownership structure (freehold, leasehold, usufruct, or company) affects what your heirs will need to do.
• Revisit your plans if your family situation or the law changes.

Inheritance and succession law is detailed and personal to each family’s situation. Please speak with our team and an independent Thai lawyer to put a proper plan in place for your specific property and heirs.