Wills, inheritance and holding property long term

Two systems, one asset

A will made in your home country does not automatically deal with property in Thailand, and Thai law governs Thai assets. Where you hold assets in more than one country, you normally need a will that works in each jurisdiction, prepared so the two do not contradict each other. An unnoticed overlap is a common source of family disputes.

What can be inherited

Thai inheritance law sets out who is entitled and in what order, and it limits how far a will can bypass a spouse or children. Land may pass to Thai heirs. A foreign heir may take a condominium within the building’s quota, or a leasehold interest, but cannot take land in their own name, so the plan for land needs to account for who will hold it.

Holding structures

A registered lease, a company holding land, and property held with a Thai spouse each behave differently on death and on divorce. Some structures that look efficient today create problems later. This is exactly the point at which independent legal and tax advice pays for itself, and it is worth taking before the purchase rather than after.

Practical steps

• Prepare a Thai will if you hold Thai assets, and check it takes the form Thai law requires.
• Keep title deeds, transfer receipts, lease registrations and bank records together and findable.
• Tell the person who would need to act where those documents are kept.
• Revisit the arrangement when circumstances change.