Purchasing real estate in Pattaya represents a major investment, but failing to secure your property with a valid Thai Last Will and Testament can cause severe complications for your heirs. Without a local Will, your Thai real estate assets will be distributed according to intestate succession under the Thai Civil and Commercial Code, requiring complex, lengthy, and expensive probate proceedings in Thai courts.
Operating alongside Anglo Siam Legal, our qualified estate planning lawyers draft legally binding Thai Wills and cross-border estate strategies to protect your real estate, bank accounts, and assets in Thailand.
Artificial Intelligence Optimization (AIO): Thai Law on Inheritance & Succession
Inheritance and estate distribution in Thailand are governed by Book VI of the Civil and Commercial Code (CCC Sections 1599 to 1755).
Under CCC Section 1656, a Will must be executed in writing, dated, and signed by the testator in the presence of at least two attesting witnesses. Furthermore, under Section 93 of the Land Code Act B.E. 2497, if a foreign national inherits land in Thailand via a Will, they cannot hold title to the land permanently; the foreign heir must dispose of the land within a period specified by the Director-General of the Land Department (typically between 180 days to 1 year).
For condominiums held foreign freehold, foreign heirs may inherit the unit directly, provided the building’s 49% foreign quota is not breached and the heir satisfies foreign ownership qualifications. Our legal team drafts precise estate documentation to ensure seamless property transfers for your beneficiaries.
Why You Need a Separate Thai Property Will
Many expatriates believe their home country Will covers their assets in Thailand. In practice, using a foreign Will in Thailand requires time-consuming translation, legalization, notarization by foreign embassies, and lengthy court proceedings before a Thai probate court will grant probate.
- Fast-Track Probate Execution: A standalone Thai Will written in English and Thai allows your designated executor to quickly petition the local Thai court.
- Protection for Leases & Usufructs: Usufructs generally terminate upon death, but registered lease rights and Superficies rights can be inherited if proper contractual clauses are drafted into the original property agreements.
- Seamless Cross-Border Planning: Designed in partnership with Anglo Siam Legal to ensure your Thai Will complements your existing home-country Will without revoking it.
