Will and real estate inheritance are crucial legal processes that demand special attention and understanding when acquiring and owning property abroad.

Thailand is a constitutional monarchy with a strong centralized power system. Its legal system is based on a combination of customary law, statutes, and precedents. The main legislative acts governing inheritance and wills are the Civil and Commercial Code of Thailand and the Inheritance Law.

A will is a legal document through which the property owner (testator) specifies how their assets will be distributed after death. Property owners, including foreign individuals, have the option to make a will.

For a will to be valid in Thailand, it must meet specific requirements such as:

Age: The testator must be of legal age (18 years and older).

Mental Capacity: The testator must be mentally competent and understand the consequences of their actions when drafting the will.

Documentation: The will must be notarized or registered with official authorities.

For foreign citizens, a notarized will in their home country, translated, holds the same legal force as a will drawn up by a lawyer or signed by three witnesses and registered in the municipality where the person resided in the Kingdom.

Inheritance Rules

If a person dies without a will, their property, including real estate, is subject to distribution according to the Inheritance Law, which is roughly similar across all countries. This means that the property is inherited equally among the heirs according to a specific order.

First Order: Parents, children, and the spouse of the deceased, including adopted children and adopting parents.

Second Order: Full and half (step) brothers/sisters, grandparents of the deceased.

Third Order: Aunts/uncles of the deceased.

It is worth noting that if spouses jointly own real estate and one of them passes away, the deceased spouse's share will be distributed among the heirs.

This process can be complex, especially for foreign heirs, as inheritance without a will is carried out through the judicial system, determining all heirs and their order. Incomplete information may prolong or restart the legal process.

For foreign citizens, there are some restrictions. For example, foreigners cannot inherit land in Thailand but can inherit leasehold rights. Full inheritance is possible for structures, residential and non-residential buildings, such as villas, purchased in freehold.

Upon inheritance, it's essential to remember that taxes will need to be paid, similar to the transfer of property rights in a sale transaction.

Will and real estate inheritance in Thailand are intricate processes that require adherence to legal norms. Therefore, we recommend consulting an experienced local lawyer or legal consultant specializing in international transactions and property rights when planning a will and dealing with real estate inheritance.

Do you have any questions?

Feel free to write to us or call us on our social media, and we will be happy to provide you with free consultation on all inquiries ⬇️

✔️ Email: hello@apart-homes.com

✔️ Contact Phone: +66 83 503 2555

✔️ WhatsApp: +66 83 503 2555

✔️ Telegram: +66 83 503 2555