Cross‑Border and Foreign Nationals’ Issues

Land Ownership Restrictions

It is well known that generally non-Thai persons cannot hold land in Thailand. So are very few people with who own land in Thailand as foreigners. You might want to take a look at superfices in Thailand as well. Board of Investment (BOI) Promotions: Under certain BOI‑approved projects, overseas investors may be granted land‑holding rights. The Board of Investment otherwise would be the last source of looking at land rights in Thailand.

Leaseholds: Leasehold is very common in Thailand. You can lease land for 30 years with two further extensions added. While a lease cannot be bequeathed per se, a well‑drafted lease agreement can include automatic assignment and succession clauses binding the lessor to recognize an heir’s succession.

Condominium Ownership: The most common issues would be with condo units. Foreigners can own units in condominium projects. This is however capped at 49% of total floor area in the condo unit. Likewise title to such units passes on death via probate registration, if held in the decedent’s name.Some hold the unit in the name of a business, so be careful how this is transferred. Its explained below.

Structuring Real‑Estate Estates

Likewise to ensure seamless succession of foreign‑owned real estate in Thailand:

Long‑Term Lease with Succession Clause

You will need to insert express provisions that the lease and its rights. That this is automatically vested in the named heir upon presentation of a valid death certificate.

Thai Holding Company

When we are looking at an established Thai company. This which is majority Thai‑owned to hold land or other property. Then the company shares, rather than land titles, transfer on death. Note though that stamp duty and capital gains tax may apply.

Legal Framework

Thai courts recognize foreign wills under private international law principles, provided they are valid under the law of their place of execution and do not violate Thai public order—particularly the Land Code’s restrictions on foreign land ownership.

Formal Requirements

Notarization & Legalization: Foreign wills must be notarized in the jurisdiction of execution and legalized or apostilled for admission in Thai courts.

Certified Thai Translation: A sworn translator must produce a Thai text, which becomes the operative document in Thai probate proceedings.

Registration (Recommended): While not mandatory, registering the foreign will at a Thai embassy or at the Consular Section of the Ministry of Foreign Affairs ensures official record and expedites court recognition.

Estate Planning Tips: Using Thai and Foreign Wills Side by Side

Dual‑Will Strategy

Thai‑Language Will: Note that a Thai language will covers all your Thai‑based assets. This will needs to conform with the Thai formalities. This is two witnesses and the appointment of an executor.

Foreign‑Law Will: This tends to govern the assets outside of Thailand. These wills are valid under home‑country law. This however can be recognized by Thai courts upon compliance with the formal requirements above.

Strategic Cross‑References: There may also be “pour‑over” clauses. This is any asset not disposed of by one will passes under the terms of the other will. So, clearly define jurisdictions.

Consistent Beneficiary Definitions: Use identical names, relationships, and entity descriptions in both wills to avoid ambiguity or contests.

Even with meticulous planning, disputes can arise in probate. Most fall into three broad categories: will contests, heirship battles, and creditor versus beneficiary claims.

Will Contests

Lack of Testamentary Capacity

There may be issue where someone claims that the person had mental issues at signing of the will. This could come from mental health records of the person such as doctors affidavits and other evidence to show an erratic person.

Undue Influence

It is well known that caretakers can have undue influence of the person they are taking care of. They might coerce or influence people to leave them a part of the estate. The courts will decide if the testator acted freely based on factors such as isolation as well as access to communication.

Forgery and Fraud

This is less common as handwriting analysis and expert testimony is used to dispute this. In Thailand they tend to use Thai government handwriting examiners (“forensic examiners” at the Royal Thai Police) to compare disputed signatures.

Heirship Disputes

Competing Claims

Most common issues with claims is over the correct order of heirs. As an example, a purported will naming distant cousins may be challenged by closer relatives claiming intestate rights.

Lack of Documentation

Thai succession law relies heavily on family registration (“Tabian Baan”) records. Errors or outdated registrations can leave rightful heirs unnotified, inviting challenges. Proactive review and correction of family books is essential.

Representation vs. Per Stirpes

When predeceased children leave grandchildren, ambiguity over per stirpes (by branch) distribution may lead to grandchildren suing for their deceased parent’s share.

Creditors will always have the priority over beneficiaries for valid debts. The most common conflicts include the following:

Late Claims: Those creditors failing to file within the public notice period. They will risk the forfeiture of the debt. They may however petition for admittance in the courts.

Secured vs. Unsecured Debts: Disagreements over whether a creditor holds a valid mortgage or pledge. This will require a title search to see if it is registered again the property.

Practical Tips and Best Practices

Ensuring a smooth probate process begins long before death. Below are strategies both expats and Thai nationals should adopt.

Drafting a Compliant Will

Checklist for All Testators

• There need to be a written will signed by testator.
• Secondly there must be two impartial adult witnesses sign in the testator’s presence.
• Thirdly clear identification of assets in the last will and testament.
• In addition the appointment of executor with name, address, and alternate executor.
• Additionally provisions for minors and guardianship clauses.
• Lastly dates and place of execution prominently stated.

Additional for Expats

Firstly ensure translation into Thai by a sworn translator.

Legalize or apostille foreign will and register it if holding Thai land.

Lastly you could specify governing law clauses to prevent misinterpretation.